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    Environmental Offences: General Framework

    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.

    Environmental Crimes – Criminal Protection of the Environment and Corporate Liability

    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 (Title VI-bis), including environmental pollution and environmental disaster. More recently, Decree-Law No. 116 of 8 August 2025, converted with amendments into Law No. 147 of 3 October 2025, significantly strengthened the fight against illegal waste activities, affecting the sanctioning framework, aggravating circumstances, investigative tools and asset-related measures.

    In corporate criminal law, environmental liability assumes particular significance when charges relate to productive, industrial, logistical activities or waste management, causing not only damage to environmental matrices but also competitive distortion through the unlawful reduction of disposal, remediation or regulatory compliance costs.

    The main offences in corporate criminal law

    In the context of economic activity, the most recurrent charges concern, on the one hand, the environmental crimes introduced into the Criminal Code by Law No. 68/2015 – in particular environmental pollution and environmental disaster – and, on the other hand, the operational area of the waste chain, where unauthorised management, illegal landfills, illegal burning, as well as illegal trafficking and, in the most structured cases, organised activities for illegal waste trafficking, assume importance.

    Criminal relevance does not derive from mere administrative irregularity or every deviation from sector technical regulations. The assessment instead requires rigorous verification of the typicality of the conduct, its actual harmfulness and the link between business activity and the compromise – or concrete risk of compromise – of environmental matrices.

    Competenze correlate

    Bancarotta e Reati della Crisi d'ImpresaReati TributariReati PrevidenzialiResponsabilità Amministrativa degli Enti – D.Lgs. 231/2001Reati Societari, Finanziari e di MercatoRiciclaggio e Reati Economico Patrimoniali

    Approfondimenti correlati

    Estradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegnaRiciclaggio e Reati Economico PatrimonialiConfisca a metà: la Cassazione boccia la doppia motivazione su profitto e sproporzioneRiciclaggio e Reati Economico PatrimonialiSequestro su rogatoria estera: l'art. 724 c.p.p. alla prova della Corte costituzionale

    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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