XỬ LÝ HÌNH SỰ HÀNH VI GÂY Ô NHIỄM MÔI TRƯỜNG BIỂN THEO QUY ĐỊNH PHÁP LUẬT MỘT SỐ NƯỚC TRÊN THẾ GIỚI VÀ KINH NGHIỆM CHO VIỆT NAM

Abstract

This article analyzes the experiences of several key countries (Germany, the United States, and Russia) in the criminal prosecution of marine environmental pollution, while also comparing and evaluating them against Vietnam's current legal framework. The evaluation shows that Vietnamese criminal law fails to adequately cover acts specific to the marine environment and sets the threshold for criminal prosecution too high, allowing many violations to go unpunished. Furthermore, the current penalty framework lacks sufficient deterrent effect, and the mechanism for the simultaneous prosecution of both legal entities and individuals remains unclear. Based on this analysis, the article proposes several recommendations for improving Vietnamese criminal law to enhance the effectiveness of preventing and prosecuting crimes related to marine environmental pollution.