Environmental Crimes
Environmental crimes are today one of the most significant areas of economic criminal law, as they affect not only the protection of the environment and public health, but also business continuity, the liability of corporate bodies and competitive market equilibrium.
The Italian system is based on multi-level protection. Alongside the contraventions and offences provided for in the Environmental Code (Legislative Decree 152/2006), Law No. 68/2015 introduced the main environmental crimes into the Criminal Code.
Offences covered in this area
Each offence has its own page with the applicable rules, evidentiary issues and defence strategy.
Environmental Offences: General FrameworkEnvironmental Pollution (Art. 452-bis Criminal Code)Environmental Disaster (Art. 452-quater Criminal Code)Unauthorised Waste Management (Art. 256)Illegal Landfill (Art. 256(3))Illegal Waste Burning (Art. 256-bis)Illegal Trafficking – Illegal Shipments (Art. 259)Organised Illegal Waste Trafficking (Art. 452-quaterdecies)Failure to Remediate (Art. 452-terdecies)Obstruction of Control (Art. 452-septies)Defence Method and 231 Liability
How the firm works on this area
- Ricostruzione tecnica delle condotte e del contesto autorizzatorio
- Analisi dei processi produttivi e della filiera decisionale interna
- Verifica della reale portata offensiva dell'evento contestato
- Scrutinio critico degli accertamenti tecnici e ispettivi
- Gestione tempestiva delle misure cautelari reali e patrimoniali
- Coordinamento con la difesa ex D.Lgs. 231/2001
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Frequently asked questions about Environmental Crimes
What are the main environmental crimes in corporate criminal law?
The main environmental crimes include environmental pollution (Art. 452-bis Criminal Code), environmental disaster (Art. 452-quater), unauthorised waste management (Art. 256 Legislative Decree 152/2006), illegal landfill, illegal waste burning, illegal waste trafficking and organised activities for illegal waste trafficking.
Can environmental crimes entail entity liability under Legislative Decree 231/2001?
Yes, environmental crimes are among the predicate offences of Legislative Decree 231/2001 (Art. 25-undecies). The company may be exposed to pecuniary and interdictory sanctions with direct impact on reputation, contracts and operational continuity, as well as asset seizure instruments such as preventive seizure and confiscation.
What is the difference between environmental pollution and environmental disaster?
Environmental pollution (Art. 452-bis) requires a significant and measurable compromise of environmental matrices. Environmental disaster (Art. 452-quater) represents the highest threshold and arises when the alteration is irreversible, its elimination is particularly onerous, or there is an offence against public safety.
Who bears criminal liability in cases of illegal landfill?
The offence of illegal landfill (Article 256 of Legislative Decree 152/2006) is attributed to anyone who creates an unauthorised landfill or unlawfully uses a site for waste disposal. Liability may extend to the landowner aware of the unlawful activity, the operator, and the commissioning party. The defence verifies the defendant's actual role in managing the site, their knowledge of the unlawfulness, and the possibility of attributing the conduct to other parties.
How is the entrepreneur's defence constructed in environmental crime proceedings?
The defence in environmental crime proceedings requires analytical reconstruction of the company's regulatory compliance, verification of conformity of production processes with applicable regulations, and analysis of environmental certifications. The appointment of specialised technical consultants capable of challenging the prosecution's assessments on chemical, biological and hydrogeological matters is essential — these are often decisive for establishing the constituent elements of the offence.
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