Environmental Criminal Law
In recent decades, there has been a massive shift in values regarding the importance of effective environmental protection. Accordingly, the protection of water, air, and soil, as well as flora and fauna, has also gained increasing relevance in criminal law. This is also reflected in environmental criminal law.
The legislature has transferred several central provisions in environmental criminal law from the field of administrative law to the Criminal Code and has increasingly tightened them over time, both in terms of the elements of the offense and the legal consequences.
Provisions of Environmental Criminal Law
Today, environmental criminal law provisions are found on the one hand in Section 29 of the Criminal Code and, on the other hand, in a vast number of secondary criminal law sources that are difficult to survey. The extremely strong link to public administrative law (so-called administrative accessory nature) and the increasing influence of European law contribute to a further increase in the complexity of the subject matter.
Sections 324-330d in Section 29 of the Criminal Code play the most significant role as part of core criminal law:
- Water and soil pollution, Sections 324 to 325 StGB,
- Causing noise, vibrations, and non-ionizing radiation, Section 325a StGB,
- Unauthorized handling of waste, Section 326 StGB,
- Unauthorized operation of facilities, Section 327 StGB,
- Unauthorized handling of radioactive substances and other dangerous substances and goods, Section 328 StGB,
- Endangering protected areas, Section 329 StGB,
- Serious endangerment by releasing poisons, Section 330a StGB.
In secondary criminal law, the following provisions are regularly of importance:
- Sections 27 to 27c Chemicals Act,
- Section 69 Plant Protection Act,
- Sections 71 and 71a Federal Nature Conservation Act,
- Section 38 Federal Hunting Act,
- Section 17 Animal Welfare Act.
Many offenses in environmental criminal law are satisfied by the mere commission of an act, without the need for a specific environmental hazard or an actual violation of protected legal interests. Furthermore, negligence is often sufficient for criminal liability.
Public officials in environmental authorities, as well as board members and managing directors of certain companies, are particularly at risk of incurring environmental criminal liability due to their professional activities.
In cases of cooperation between public officials and applicants or third parties, the white-collar criminal law provisions on accepting an advantage (Section 331 StGB) and bribery (Section 332 StGB) are also regularly considered.
Although businesses as such cannot be criminally sanctioned, Section 73b StGB provides the possibility of confiscating profits obtained, for example, by employees in the context of environmental crimes.
Given the complexity of environmental criminal law, the low threshold for liability, and the far-reaching criminal and economic consequences in the event of a violation, it is advisable to seek professional legal counsel at an early stage.
We are happy to assist you if you wish to protect yourself or your company preventively against possible violations of environmental criminal law or if you are already facing a corresponding criminal allegation. Contact us!