Definition and Historical Development of Environmental Crime
Environmental crime refers to all unlawful acts that are directed against the environment or lead to significant threats to the environment. It encompasses both intentional and negligent violations of legal regulations protecting natural resources. In recent decades, lawmakers in many countries have increasingly regulated this area of offenses to effectively combat environmental destruction and its harmful effects on humans, animals, and nature.
The term ‘environmental crime’ emerged in the 1970s in the wake of growing public awareness of ecological issues and has since been used in legislation, jurisprudence, and academia. Today, environmental crime ranks among the most significant forms of white-collar crime and is subject to both national and international legal norms.
Legal Foundations of Environmental Crime
Criminal Law Regulations
In Germany, environmental crime is regulated as a subfield of environmental criminal law, which is especially embodied in Sections 324 to 330d of the German Criminal Code (StGB). Central offenses include, among others:
- Water Pollution (Section 324 StGB)
- Soil Contamination (Section 324a StGB)
- Air Pollution (Section 325 StGB)
- Unauthorized Handling of Hazardous Waste (Section 326 StGB)
- Environmentally Hazardous Waste Disposal, Plant Operation, and Genetic Manipulation (Sections 327 to 329 StGB)
Additionally, Section 330 StGB contains qualified offenses with increased penalties for certain particularly serious or negligent acts, often in connection with endangerment of life or health.
Administrative Offenses Regulations
In addition to criminal law, there are extensive provisions in administrative offense law, which are primarily governed by specific environmental statutes (e.g., Federal Immission Control Act, Water Resources Act, Circular Economy Act). Violations result in fines and serve as a preventive measure for compliance with environmental requirements.
Administrative Environmental Protection Regulations
Administrative law primarily regulates approval and permitting procedures in the environmental sector, such as for industrial facilities, wastewater treatment, or the discharge of substances. In the event of violations, administrative measures such as prohibition, withdrawal of permits, or restoration of proper conditions can be ordered. Parallel criminal prosecution for serious violations remains unaffected by this.
International and European Environmental Criminal Law
At the international and European level, numerous conventions and directives exist for combating environmental crime. Key instruments include, in particular:
- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
- Aarhus Convention
- EU Environmental Crime Directive 2008/99/EC
These norms oblige member states to implement and enforce strict environmental criminal law provisions.
Typical Forms of Environmental Crime
Water Pollution
The contamination of waters by illegal discharges of pollutants, such as chemicals, oils, or sewage, counts among the main problems of environmental crime worldwide.
Illegal Waste Disposal and Transfer
The unauthorized dumping, burning, or export of waste, especially hazardous or toxic substances, is a typical offense and entails considerable risks for the environment and health.
Wildlife Crime
Violations of species protection (e.g., poaching, illegal wildlife trade, unauthorized trade in strictly protected plant species) also fall under environmental crime and are subject to separate national and international regulations.
Air Pollution
Unauthorized emissions from industrial facilities, improper burning, and the use of environmentally harmful substances are also part of environmental criminal behavior.
Violations in Agriculture
Breaches of regulations concerning the application of pesticides or animal husbandry can be prosecuted both criminally and administratively, and are included in the spectrum of environmental offenses.
Sanctions and Legal Consequences for Environmental Crime
Criminal Sanctions
For criminal acts in the field of environmental crime, the law provides for prison sentences of up to five years or fines. In particularly serious cases, sentences can be considerably higher (e.g., Section 330 StGB, up to ten years’ imprisonment). In addition to the main penalty, ancillary consequences such as confiscation of tools used in the crime, forfeiture of gains, or bans on activities may also apply.
Administrative Consequences
Administrative offenses can be sanctioned with substantial fines (sometimes amounting to several hundred thousand euros). Furthermore, official measures such as shutdown of facilities, obligations to remedy damage, or requirements for continued operation may be imposed.
Civil Law Claims
Environmental crime may trigger civil liability for damages. Injured parties or affected municipalities may assert claims for compensation or for the restoration of the original condition.
Procedural Law and Investigating Authorities
Investigative Responsibility
Responsibility for the prosecution of environmental criminal offenses primarily lies with the law enforcement authorities (public prosecutors and police with environmental departments). In practice, specialized environmental agencies and technical investigation services are also involved.
Gathering Evidence and Special Features of Environmental Criminal Proceedings
In environmental criminal law, evidentiary challenges frequently arise. Complex environmental and technical factual matters often require a high degree of technical and scientific understanding. Expert opinions therefore play a central role.
Cooperation with International Authorities
Due to the cross-border nature of many environmental offenses, there is close cooperation between investigating authorities of different countries and international organizations, for example under Europol, Interpol, or the European Public Prosecutor’s Office.
Prevention and Combating of Environmental Crime
Legislative Measures
The continual harmonization and tightening of legal provisions, as well as the increase in sanctions and control mechanisms, help to contain environmental crime.
Technical and Organizational Controls
Improved environmental monitoring, technical innovations (e.g., digital emissions control), and effective control systems are intended to detect and prevent violations at an early stage.
Public Relations and Environmental Awareness
Awareness-raising efforts and growing public environmental awareness act preventively and encourage compliance with environmental requirements.
Distinction from Environmental Administrative Offenses
While environmental crime is subject to criminal law and exceeds the threshold of a criminal offense, environmental administrative offenses are lesser violations of environmental requirements, sanctioned by fines. The distinction is made based on the level of potential danger, degree of fault, and the legal definition of the relevant norm.
Importance of Environmental Crime in an International Context
In light of global ecological challenges, combating environmental crime is of growing importance. It is often linked with other serious offenses such as corruption, tax evasion, or organized crime. International cooperation and harmonization of legal regulations are therefore essential for effective prosecution and prevention.
Conclusion: Environmental crime encompasses a wide spectrum of environmental violations that may be subject to significant sanctions. The legislature has responded to its growing importance by creating numerous criminal, administrative, and civil law regulations. International law is also gaining increasing importance to ensure effective global environmental protection. The ongoing development of environmental law and the expansion of control and prevention mechanisms are crucial for the sustainable fight against environmental crime.
Frequently Asked Questions
What criminal sanctions may be imposed in cases of environmental crime?
In the German legal system, prosecution of environmental crime is governed by various provisions of the German Criminal Code (StGB) as well as by environmental laws such as the Federal Immission Control Act (BImSchG) or the Water Resources Act (WHG). Typical penalties include fines or imprisonment. For example, Section 324 StGB imposes a prison sentence of up to five years or a fine for water pollution. In especially serious cases, such as endangering the lives or health of many people, sentences may reach up to ten years’ imprisonment. In addition, ancillary penalties such as professional bans, confiscation of instruments of crime, or the obligation to pay compensation and make reparations may be imposed on perpetrators. Environmental violations may also be prosecuted as administrative offenses, which can result in high fines and further sanctions.
What role does the principle of intent or negligence play in environmental crimes?
Environmental criminal law generally distinguishes between intentional and negligent acts. Many criminal offenses, such as unauthorized handling of hazardous waste (Section 326 StGB), can be committed either intentionally or negligently. Intent means the perpetrator commits the environmentally harmful act willfully and knowingly. Negligence, on the other hand, occurs if the perpetrator fails to observe the required duty of care and thereby causes or at least enables the harmful outcome. The penalties for negligent environmental offenses are usually less severe than for intentional ones, but can still be substantial fines or imprisonment.
To what extent are companies or legal entities liable for environmental crimes?
Companies, legal entities or associations can be held liable for environmental crimes committed by their organs or employees while performing their duties. Under Section 30 of the Administrative Offenses Act (OWiG), a fine can be imposed on companies when an offense or administrative violation is committed by a manager. Additionally, proceeds unlawfully obtained may be confiscated (Sections 73 et seq. StGB). Criminal corporate liability does not yet exist in Germany, but there are extensive obligations regarding compliance, environmental management, and supervisory duties, breaches of which may lead to fines and other sanctions.
Which authorities are responsible for prosecuting environmental crime?
The investigation and prosecution of environmental crimes primarily fall to the public prosecutors and specialized police units for environmental crime. In addition, specialized agencies such as environmental offices, water authorities, the Federal Ministry for the Environment, or state environment ministries are involved and support law enforcement authorities with expert knowledge. Many German states have special environmental departments within prosecution offices and the police, specializing in environmental law. Moreover, these authorities often closely cooperate in investigating violations and securing evidence.
What is the significance of the Environmental Damage Act (USchadG) in criminal prosecution?
The Environmental Damage Act regulates the remediation and prevention of environmental damage and establishes public law liability for polluters. While the USchadG mainly aims at restoring damaged natural resources and not at punishment, a breach of USchadG obligations may have criminal consequences if it also fulfills the elements of an environmental offense under the StGB or other relevant laws—for example, in cases of intentional or grossly negligent causing of significant environmental damage.
What defense options are available to defendants in environmental criminal proceedings?
In environmental criminal proceedings, defendants have the same rights of defense as in other criminal proceedings, including the right to counsel, access to files, and the right to remain silent. Expert assessments are particularly important in environmental criminal law, since technical and scientific questions are often central. Common defenses include challenging expert opinions, presenting exculpatory evidence concerning operational control systems (compliance), and proving a lack of fault (especially absence of negligence). It can also be shown that the harmful act was caused by force majeure or uncontrollable circumstances.
What are examples of typical environmental offenses in German law?
Frequently prosecuted environmental offenses under German law include water pollution (Section 324 StGB), soil contamination (Section 324a StGB), air pollution (Section 325 StGB), unauthorized handling of hazardous waste (Section 326 StGB), unauthorized operation of facilities (Section 327 StGB), and unauthorized operation of facilities that can cause significant environmental damage. Violations of wildlife protection laws, illegal trade in protected animal and plant species, and breaches of nature conservation law also fall within the statutory scope of environmental crime.
