Recital 29

(29) Inciting, and aiding and abetting intentional commission of a criminal offence should also be punishable. An attempt to commit a criminal offence that causes or is likely to cause the death of, or serious injury to, any person or causes or is likely to cause substantial damage to the environment or is otherwise considered particularly harmful should also constitute a criminal offence when committed intentionally. The notion of ‘attempt’ is interpreted in accordance with national law. With regard to the criminal offence defined in this Directive in relation to the execution of a project without a development consent, since the execution of a project is to be understood as including the start of the implementation of such a project, for example works to prepare the ground for construction or other intervention with effects on the environment, this Directive does not list that offence among criminal offences for which an attempt should be punishable as a criminal offence.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.