Practical sheet | REF: FIC1467 V1

The penal transaction

Author: Solange VIGER

Publication date: March 10, 2015, Review date: November 13, 2016 | Lire en français

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5. Mistakes to avoid

5.1 Don't neglect the victim(s) of the offence committed

When an infringement of environmental regulations has been committed, one or more victims (an individual and/or an association) may consider that they have suffered one or more prejudices: physical prejudice (health problems, for example), material prejudice (damage to property, for example), moral prejudice (in the case of an association whose social purpose is the protection of nature).

The law does not require the victim to be informed of the proposed penal transaction. However, insofar as the victim retains the right to seek civil compensation for his or her loss in a civil action, it is useful to approach the victim and negotiate the terms of compensation, to avoid the consequences of a civil lawsuit...

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