ENVIRONMENTAL CRIMES · WASTE · POLLUTION · 231 LIABILITY

Italian Environmental Crimes Defense Lawyer in Milan

Specialist criminal defense in environmental crime proceedings (L. 68/2015) and TUA violations (D.Lgs. 152/2006): environmental pollution, disaster, illegal waste trafficking. Entity liability under art. 25-undecies D.Lgs. 231/2001. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Preventive seizure of production plant

Seizure of the production plant can completely block business activity: the review must be filed within 10 days.

Environmental pollution (art. 452-bis c.p.)

Environmental pollution is punished from 2 to 6 years imprisonment: the offense is open-form and can be charged for any significant deterioration of the ecosystem.

Illegal waste trafficking (art. 452-quaterdecies c.p.)

Organized waste trafficking is punished from 1 to 6 years and can involve the entire chain: producer, transporter, disposal company.

231 liability art. 25-undecies

Environmental crimes are predicate offenses under art. 25-undecies D.Lgs. 231/2001: the entity risks sanctions up to 800 quotas and business interdiction.

How we protect you

Review of plant seizure

Review application with environmental technical expert report to challenge the causal link between entity activities and contested environmental deterioration.

Technical defense with environmental expert

Support of expert witnesses specialized in environmental chemistry, hydrogeology and waste management to dismantle the prosecution.

TUA contraventions extinguishment (art. 318-bis)

For TUA contraventions, the legislator provides for extinguishment through prescription and compliance: the defense activates the procedure to avoid indictment.

231 MOG with environmental protocols

Update or preparation of the 231 Model with specific protocols for waste management, discharges and emissions to prevent entity liability.

L. 68/2015 introduced environmental crimes (eco-crimes) into the criminal code: pollution (art. 452-bis), environmental disaster (art. 452-quater), radioactive material trafficking and abandonment (art. 452-sexies), obstruction of control (art. 452-septies) and organized waste trafficking (art. 452-quaterdecies). Penalties range from 1 to 15 years.

Eco-crimes table

Offense	Art. c.p.	Penalty
Environmental pollution	art. 452-bis	2–6 years
Environmental disaster	art. 452-quater	5–15 years
Organized waste trafficking	art. 452-quaterdecies	1–6 years

Plant seizure and custodial use

Preventive seizure of the plant can be accompanied by appointment of a judicial administrator allowing continuation of activity under controlled conditions. The defense can request the GIP to appoint a custodian ensuring production continuity while contesting the seizure on merits.

Extinguishment of TUA contraventions

Arts. 318-bis ff. of the TUA provide for a special procedure for extinguishing environmental contraventions through prescription by the supervisory body (ARPA, ASL) and compliance within deadlines. If the defendant complies and pays the reduced sanction (1/4 of maximum), the offense is extinguished. Defense promptly activates this procedure to avoid trial.

Recent cases successfully resolved

Case A – Chemical plant

Environmental pollution for substance spill into soil. Production plant seizure.

Review accepted with custodian appointment. Activity resumed. Causal link challenged with expert: reclassification.

Case B – Waste transporter

Art. 452-quaterdecies c.p.: organized hazardous special waste trafficking. Three-level supply chain charge.

Separation of positions: acquitted for lack of participation in the organization.

Case C – Manufacturing company

TUA contraventions for exceeding emission thresholds. Risk of criminal proceedings.

Art. 318-bis extinguishment procedure activated: prescriptions complied, offense extinguished, no trial.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team