Chatham House 31/1/2006

FLEGT Additional Options Meeting 1

APPLICATION OF THE APPLICATION OF THE SPANISH LAW TO FLEGTSPANISH LAW TO FLEGT

MAIN CONCLUSIONS AND PROPOSALS OF MAIN CONCLUSIONS AND PROPOSALS OF ACTION FLOWING FROM THE STUDY OF THE ACTION FLOWING FROM THE STUDY OF THE

APPLICATION OF THE NATIONAL LAW TO FLEGTAPPLICATION OF THE NATIONAL LAW TO FLEGT

Chatham House 31/1/2006

FLEGT Additional Options Meeting 2

Preliminary considerationsPreliminary considerations

• Continental legal system makes more difficult the application– Definition of illegal behaviour is necessary to

prosecute them– Lack of coordination among national

legislations

• Difficulties in obtaining evidences

Chatham House 31/1/2006

FLEGT Additional Options Meeting 3

Provided there is evidence enough…

• Applying law against:– Larceny– Receiving/Money

laundering– Concealment– Crime against flora

protection– Bribery– Document forging– Smuggling

• Should be obtained:– Confiscation of the goods

which are the object of the crime, plus all their derived effects.

– Criminal sanction (fine and/or prison) for the guilty parties.

– Public liability, where appropriate.

– Closure, suspension of activities, dissolution of businesses, companies or organisations.

Chatham House 31/1/2006

FLEGT Additional Options Meeting 4

System could be improved with…

• System of “Prior Notice” Like the North American system adopted as a defence, called “bioterrorism”.

• Legislative Modifications• Development of new legislation

– Transposition of Directive 2005/60/CE (laundering of capital and the financing of terrorism )

• Modification of current legislation – Modification of the Criminal Code – Modification of the Organic Law of the Judicial Power

Chatham House 31/1/2006

FLEGT Additional Options Meeting 5

Conclusions• Spanish Criminal Law offers mechanisms for

a criminal prosecution of illegal logging • There are problems of practical order

• difficulty in obtaining evidence,

• the need of coordination between different bodies

• To improve the current level of prosecution, some measures are proposed

• a similar measure to the “Prior Notice”

• specific legislative modifications

• creation of a multidisciplinary body to co-ordinate international actions