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    Failure to Remediate (Art. 452-terdecies)

    Failure to remediate relates to the violation of a qualified legal obligation to intervene on a contaminated or compromised site. Criminal liability does not arise from the mere presence of pollution but from the failure to carry out required activities – remediation, restoration or recovery of the state of the premises – when imposed by law, authority order or court order.

    Configuration of the offence

    Failure to remediate relates to the violation of a qualified legal obligation to intervene on a contaminated or compromised site. Criminal liability does not arise from the mere presence of pollution but from the failure to carry out required activities – remediation, restoration or recovery of the state of the premises – when imposed by law, authority order or court order.

    Structure of the assessment

    • Source of obligation: where the duty to remediate arises from
    • Concrete content of the obligation: what activities were required
    • Omissive conduct: whether the non-compliance is real and unjustified
    • Position and powers of the subject called to answer

    Defence method

    The defence strategy is based on: verification of the source and delimitation of the obligation; documented reconstruction of the activities carried out or objective reasons for the impediment; analysis of governance and environmental delegations; critical scrutiny of the prosecution's technical contributions; integrated management of precautionary aspects.

    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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