An environmental regime that uses laws, regulations, and standards to set forth environmental requirements needs appropriate penalties or other sanctions for the regime to be effective. This is true whether the regime implements an MEA or advances other environmental goals.
The Guidelines recommend that (1) laws and regulations should be comprehensive and that (2) the penalties or other sanctions should be appropriate and proportionate.
The “comprehensiveness” aspect of this Guideline means that the legal regime should 
cover all of the potential activities and entities to be regulated. The legal regime also should have the necessary detail.
The Guideline pays particular attention to penalties and sanctions. First, the penalties should be appropriate. If there is no meaningful consequence to violations, the result can be delayed compliance or continued violations to the detriment of the environment and/or public health. Thus an “appropriate” penalty is designed to deter, punish, and/or remedy violations.
For example, a penalty associated with spoilage of the natural environment could incorporate various elements. It should be severe enough to deter other violations by that offender or other potential offenders. One key aspect is removing whatever economic gain the violator incurred through the violation (e.g., costs avoided or competitive advantage gained). At the same time, the penalty can be designed with the aim of restoring the environment to the state it was before the spoilage.
There are many different types of penalties, as well as means for determining and applying those penalties. Civil penalties typically entail monetary fines (including exemplary and aggravated damages), orders for injunctive relief, or both. Other sanctions such as criminal convictions (jail terms and fines) and administrative penalties and orders also play a crucial role in many States. In some States, the death penalty has been used to address environmental crimes (including trafficking in endangered species), although the international community is divided over whether the death penalty is appropriate under any circumstances.
Finally, where environmental crimes are punishable by jail sentences, the use of probationary requirements can be effective. For example, a defendant may be sentenced to community service or other types of conditions, such as the creation of a compliance programme or audit. This can be particularly important for corporations which, of course, cannot serve jail time.
Various penalties are discussed in more detail below. For a discussion of the consistent and fair application of the penalties, including a selection of when to apply which, see Guideline 41(d)
and accompanying text. Where allowed by law, the use of plea agreements or judicial settlements can be extremely useful in requiring a defendant to take certain actions to perform community service, establish compliance programmes, make public apologies, or take other actions. These actions may reduce or be in lieu of a fine or imprisonment.