Database of Legislation

Crimes that affect the environment

    UNTOC Articles

    • Organized Crime Convention

    • Article 11: Prosecution, adjudication and sanctions
    • Article 12: Confiscation and seizure
    • Article 10: Liability of legal persons
    • Trafficking in Persons Protocol

    • Smuggling of Migrants Protocol

    • Firearms Protocol

       

      Original Text

      Section 103.
      (1) When an offence against this Act, is committed by a body corporate, the body corporate and every director or officer of the body corporate who had knowledge or ought to have known of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.

      (2) Where an offence against this Act is committed under this Act by a partnership, every partner or officer of the partnership who had knowledge or ought to have known of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act, commits an offence.

      (3) A person shall be personally liable for an offence against this Act, whether committed by him on his own account or as an agent or servant of another person.

      (4) An employer or principal shall be liable for an offence committed by an employee or agent against this Act, unless the employer or principal proves that the offence was committed against his express or standing directions.

      Section 104.
      Without prejudice to the generality of the forgoing, nothing in this Act shall stop the arrest, prosecution and conviction of an offender under the provisions of any other written law.

      Section 105.
      (1) The court before which a person is charged for an offence under this Act or any regulations made there-under may, in addition to any other order -
      (a)upon the conviction of the accused; or
      (b)if it is satisfied that an offence was committed notwithstanding that no person has been convicted of an offence, order that the wildlife trophy, motor vehicle, equipment and appliance, livestock or other thing by means whereof the offence concerned was committed or which was used in the commission of the offence be forfeited to the Service and be disposed of as the court may direct.

      (2) In making the order of forfeiture under subsection (1) the court may also order that the cost of disposing of the substance, motor vehicle, equipment, appliance, livestock or any other thing provided for in that subsection be borne by the person convicted there-under.

      (3)The court may further order that any licence, permit or any authorization given under this Act, and to which the offence relates, be cancelled.

       
       

      Cross-Cutting Issues

      • Liability

        • Liability of Legal Persons

          • • Criminal