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    Illegal Waste Burning (Art. 256-bis)

    The illegal burning of waste punishes the conduct of anyone who sets fire to abandoned or uncontrolledly deposited waste. The offence guards a particularly high-risk area because burning can cause harmful emissions, secondary contamination and immediate public health hazards.

    Configuration of the offence

    The illegal burning of waste punishes the conduct of anyone who sets fire to abandoned or uncontrolledly deposited waste. The offence guards a particularly high-risk area because burning can cause harmful emissions, secondary contamination and immediate public health hazards.

    Structure of the assessment

    • Qualification of the material: demonstration that what was burned constitutes 'waste'
    • Burning conduct: reconstruction of the event dynamics
    • Context: proof of the state of abandonment or uncontrolled deposit
    • Subjective attribution: identification of the perpetrator and chain of responsibility

    Defence method

    The defence requires an approach combining factual reconstruction and technical evidence: material qualification, event dynamics reconstruction, subjective attribution and roles, exclusion of automatic attributions, precautionary management.

    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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