Punishing environmental offenders: court decisions in environmental litigation in Taiwan

Abstract

ABSTRACT This study investigates court rulings in public environmental pollution litigation, analyzing the factors influencing those decisions. We test an environmental judicial outcome model that considers the offense’s seriousness and the defendants’ resources/capabilities. Using environmental case data from six major cities in Taiwan between 2000 and 2018, we find that 78.2% of defendants were found guilty, 52.9% received probation, 19.0% were fined, and 28.1% faced imprisonment. This pattern differs from Western countries where fines are more prevalent and incarcerations rare. Statistical analyses reveal that the number of environmental offenses the defendant commits influences the court verdict and sentencing decision, defendants from private firms have lower odds of being found guilty but a higher probability of being fined, and the type of legal representation plays a mixed role in court judgments. Over time, there has been an increase in guilty verdicts and stricter punishments for environmental offenders in Taiwan.