Tokens: Once
criminal
proceedings
were
brought
against
the
person
accused
of
being
responsible
for
an
unlawful
site
development
,
the
criminal
court
became
competent
to
order
the
confiscation
of
the
unlawfully
developed
site
,
provided
that
it
had
established
that
the
development
was
indeed
“
unlawful
”
(
Article
44
§
2
of
the
Construction
Code
,
quoted
in
paragraph
108
of
the
judgment
)
.
The
criminal
court
could
thus
take
a
measure
similar
to
that
which
could
be
taken
by
the
administrative
authorities
.
This
was
an
effective
instrument
in
the
hands
of
the
judiciary
in
order
to
overcome
the
inability
or
unwillingness
of
administrative
authorities
to
take
action
against
unlawful
site
development
.
As
the
Court
of
Cassation
indicated
in
its
request
of
20
May
2014
for
a
preliminary
ruling
to
the
Constitutional
Court
(
referred
to
in
paragraph
132
of
the
present
judgment
)
,
leading
to
judgment
no
.
49
of
the
Constitutional
Court
of
2015
(
see
paragraph
133
of
the
present
judgment
)
,
this
arrangement
could
be
seen
as
an
implementation
of
the
constitutionally
protected
right
to
a
healthy
environment
.
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