Where there is sufficient evidence to proceed with a case DoFI is obliged to pursue the most appropriate penalty provision within the limits of the national legislation. This could include re-education, administrative sanctions or referring the matter for prosecution.
An analysis of the available data indicates that DoFI overwhelming favours re-education and administrative sanctions rather than referring cases for prosecution. There may be many reasons for this, such as the fact that the gravity of the offence warrants this response; the environmental damage procured is minimal; or the offenders have shown remorse. The low prosecution referral may be indicative of an enforcement culture that favours expediting matters rather than undertaking a full and comprehensive investigation, or that there is a certain reluctance to refer matters to the Public Prosecutor. It may also suggest that the current legal framework needs to adopt more extensive provisions for the criminalization of these offenses.