المسؤولية الجنائية عن جريمة الإضرار بالحياة الفطرية: دراسة مقارنة بين النظام السعودي والقانون الإماراتي

Abstract

This study examines the criminal liability for the offense of harming wildlife in the Kingdom of Saudi Arabia and the United Arab Emirates, through an analytical legal comparison of national legislation. It explores the legal basis, elements of the crime, and applicable penalties, while evaluating the effectiveness of criminal protection in both countries.
The study highlights that protecting wildlife requires more than legal provisions; it also demands continuous development of enforcement mechanisms, institutional cooperation, and increased environmental awareness. It concludes that both Saudi Arabia and the UAE have established advanced legal frameworks that expand criminalization and strengthen oversight, aligning with international obligations and enhancing deterrence.
Both laws stipulate that the material element of the crime is fulfilled by prohibited acts such as hunting or destruction without a permit, without requiring actual environmental harm. Offenders can be held criminally liable whether the act is intentional or due to negligence, reflecting the unique nature of environmental crimes. The penalties reflect a progressive approach, incorporating a range of punishments and granting judicial discretion.
The study recommends stricter penalties for serious offenses and supports restorative justice and environmental compensation as alternative measures to promote both deterrence and rehabilitation.