Unauthorised Waste Management (Art. 256)
Article 256 of the Environmental Code governs unauthorised waste management, sanctioning collection, transport, recovery, disposal, trading or brokering activities carried out without the required authorisations or outside the authorisation perimeter.
Configuration of the offence
Article 256 of the Environmental Code governs unauthorised waste management, sanctioning collection, transport, recovery, disposal, trading or brokering activities carried out without the required authorisations or outside the authorisation perimeter.
Structure of the assessment
- Legal qualification of the material (waste, by-product, 'end of waste') and classification
- Actual carrying out of management operations, with reconstruction of the concrete supply chain
- Existence, validity and scope of authorisation permits
- Traceability: forms, registers, contracts, transport and delivery evidence
- Subjective position of the parties involved: roles, delegations, functions, powers
Defence method
- Verification of the correct qualification of the material (waste vs other legal categories)
- Critical control of the documentary chain and operational consistency
- Assessment of roles, delegations and organisation, avoiding automatic attributions
- Distinction between administrative offence and criminally relevant fact
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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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