Recital 41

DIRECTIVE (EU) 2024/1203 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 April 2024 on the protection of the environment through criminal law and replacing Directives 2008/99/EC and 2009/123/EC · European Union

(41) Member States should ensure that at least one of the aggravating and mitigating circumstances provided for in this Directive is provided for as a possible aggravating or mitigating circumstance in accordance with applicable rules in their legal system. In any case, it should remain within the discretion of the judge or the court to determine whether to increase or to decrease the sentence, taking into account the specific circumstances in each individual case.

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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.