Definition and significance of environmental criminal law
Environmental criminal law refers to the area of criminal law that serves to protect the natural environment against harmful human impacts. It comprises regulations that define certain actions or omissions which threaten or damage the environment as criminal offenses. The aim is to effectively protect environmental assets such as air, water, soil, flora and fauna, as well as certain protected interests, through the threat and imposition of penalties and to preserve the ecological balance.
Legal foundations of environmental criminal law in Germany
Criminal Code (StGB)
The key provisions of environmental criminal law are found in Sections 324 to 330d of the Criminal Code (StGB). They form part of the 29th section of the Special Part and regulate in particular offenses against environmental assets. The following offenses are particularly noteworthy:
- Water pollution (Section 324 StGB)
- Soil contamination (Section 324a StGB)
- Air pollution (Section 325 StGB)
- Unauthorized handling of hazardous waste (Section 326 StGB)
- Unauthorized handling of radioactive substances and other hazardous substances and goods (Sections 328, 330 StGB)
- Offenses relating to nature conservation, landscape protection, and species protection (Sections 329, 330 StGB)
Supplementary criminal provisions outside the StGB
Provisions relevant to environmental criminal law are also found in ancillary criminal law and other legal regulations, including:
- Federal Immission Control Act (BImSchG)
- Water Resources Act (WHG)
- Circular Economy Act (KrWG)
- Nature Conservation Act (BNatSchG)
- Chemicals Act (ChemG)
- Animal Protection Act (TierSchG)
- Act on the Assessment of Environmental Impacts of Industrial Installations (UVPG)
Many of these laws contain reference offenses, which in certain cases rely on the environmental criminal law of the StGB.
European and international influences
Environmental criminal law is strongly influenced by European directives and international agreements, in particular by:
- EU Directive 2008/99/EC on the protection of the environment through criminal law
- Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
- Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters
These requirements influence national legislation and regularly lead to adaptations and further development of German environmental criminal law.
Protected interests under environmental criminal law
Environmental criminal law protects a wide variety of environmental assets, including:
- Water: Bodies of water, groundwater, and their quality are protected against pollution by specific criminal provisions.
- Air: Criminal law provisions prevent the introduction of harmful substances into the atmosphere.
- Soil: Maintaining soil quality and avoiding contamination are central protection goals.
- Plant and animal life: The protection of endangered species of animals and plants, as well as their habitats, is ensured through species protection provisions.
- Human beings and health: Humans and their health are indirectly protected by environmental criminal law, especially in the prevention of substance-related diseases or toxic effects on food chains.
Criminal offenses under environmental criminal law
Environmentally hazardous actions
Environmental offenses are often structured as abstract endangerment offenses. This means that actual damage to the environmental asset does not necessarily have to occur; the mere creation of a risk to the environment is sufficient.
Examples of relevant criminal offenses include:
- Unauthorized discharge of pollutants into waters (Section 324 StGB)
- Illegal dumping or burning of waste (Section 326 StGB)
- Transfer of dangerous substances to unauthorized persons (Section 327 StGB)
- Destruction or damage of biotopes (Section 329 StGB)
Intent and negligence
Most environmental criminal offenses require intent. Nevertheless, environmental criminal law also provides for negligent forms of commission and punishes them, since environmental impacts often arise from breaches of the duty of care.
Qualifications and especially serious cases
Sections 330, 330a, and 330d StGB regulate particularly serious cases of environmental crime, with qualifications applying in particular when:
- Acts are committed for financial gain
- Creation of significant danger to the public
- Causing long-lasting, large-scale or even irreversible environmental damage
In such cases, the penalty range is increased and extends up to ten years’ imprisonment.
Criminal proceedings and enforcement
Investigative and prosecuting authorities
The enforcement of environmental criminal law is the responsibility of the police and the public prosecutor’s office. These authorities are technically supported by environmental agencies, environmental offices, and occasionally specialized investigative groups. Due to the technical and scientific complexity of key facts, experts are often consulted.
Sanctions and legal consequences
Environmental offenses are usually punished with a fine or imprisonment. In serious cases, the penalty range extends up to 10 years’ imprisonment (e.g., under Section 330 StGB). In addition, there are secondary penalties and ancillary consequences, such as:
- Confiscation or destruction of installations, substances, or objects
- Professional or occupational ban
- Publication of the conviction (in the case of companies)
- Forfeiture of profits gained from environmental offenses
Corporate liability
Although German criminal law does not provide for direct criminal liability of legal entities, corporate officers and decision-makers are personally liable. In addition, companies can be subjected to significant fines under the Act on Regulatory Offenses (OWiG).
Relationship to other areas of law
Administrative law and law on regulatory offenses
Environmental criminal law is closely related to environmental administrative law, which sets preventive requirements for environmentally responsible conduct and regulates enforcement procedures. Many violations begin as minor regulatory offenses but may cross into the criminal law sphere if the environmental endangerment is significant.
Civil environmental protection
In addition to criminal and administrative liability, civil law claims, such as for damages or remediation, can also be asserted in the event of environmental harm.
Development and outlook
Environmental criminal law is constantly evolving. Environmental disasters, technological developments, and European and international requirements regularly lead to changes in the law and to the extension of protected interests. Central current and future challenges include climate protection, dealing with hazardous waste, preventing illegal disposal practices, and improving prosecution at the cross-border level.
References and sources
- Criminal Code (StGB), Sections 324 et seq.
- Federal Immission Control Act (BImSchG)
- EU Directive 2008/99/EC on the protection of the environment through criminal law
- Nomos Commentary on Environmental Law (Eds. Jarass/Johannes)
- Fischer, Criminal Code and Ancillary Laws, Section 324 et seq.
Due to its comprehensive interconnectedness with other areas of law and its significant role in the protection of essential environmental assets, environmental criminal law holds steadily increasing social and legal significance.
Frequently asked questions
When does criminal liability arise under environmental criminal law?
Criminal liability under environmental criminal law generally requires a violation of environmental protection provisions regulated in the Criminal Code (StGB), particularly in Sections 324 to 330d StGB, as well as in numerous special laws. It is necessary that an act is committed which affects certain legal interests such as soil, water, air, animals, or plants, or creates concrete potential dangers. Often, these are abstract endangerment offenses, meaning that even the mere possibility of significant environmental risk is punishable, regardless of whether actual damage has occurred. Special importance is attached to relevant environmental law requirements for permits, notifications, or authorizations; violations thereof may lead to criminal liability. It is always necessary, however, that the perpetrator acted intentionally or – in the case of negligent environmental offenses – at least negligently.
What penalties can be expected upon conviction for an environmental offense?
In environmental criminal law, statutory penalties range from fines to imprisonment, with the duration depending on the severity of the offense and degree of fault. For example, Section 324 StGB (water pollution) provides for imprisonment of up to five years in particularly serious cases. In extremely serious cases, such as deliberate and persistent damage to protected areas, certain offenses even entail imprisonment of up to ten years. In addition to the main penalty, ancillary consequences such as confiscation of means used, prohibition of certain activities, or loss of permits may be imposed. Furthermore, companies face substantial corporate fines under the Act on Regulatory Offenses if corporate officers commit environmental crimes.
What role do permits and official requirements play in environmental criminal law?
Permits, authorizations, and official requirements are central to the assessment of criminal liability in environmental criminal law. Many offenses depend on whether particular actions were carried out without the necessary permit or whether official requirements, conditions, or secondary provisions were violated. For example, an operator who violates railway, water, or immission control legal regulations can be held criminally liable. Even holding a permit does not protect against criminal liability if requirements are violated or the permit is not properly observed. Frequently, even the failure to comply with minor regulatory requirements is sufficient to fulfill the elements of an offense.
Does actual environmental damage have to occur for criminal prosecution?
In many cases under environmental criminal law, it is not required that actual environmental damage occurs. The majority of the provisions are so-called abstract endangerment offenses, for which the mere creation of a risk to environmental assets is sufficient. For example, the unauthorized introduction of substances into water is already a punishable offense if impairment appears concretely possible, even if no measurable damage has yet occurred. However, certain offenses do require actual harm, such as when the law expressly demands that, for example, animals, plants or certain habitats have been significantly affected.
Who can be an offender under environmental criminal law? Are only companies affected?
In principle, natural persons can be held criminally responsible, meaning that anyone who violates environmental protection regulations can be an offender within the meaning of environmental criminal law. This includes private individuals, employees, managers, as well as managing directors or board members of companies. While companies as legal entities cannot be prosecuted directly under German criminal law, they can nonetheless face substantial corporate fines under the Act on Regulatory Offenses if key management personnel have committed offenses from which the company has benefited. In addition, criminal liability may apply to agents, plant managers, or other decision-makers.
What is the burden of proof in environmental criminal law, and how are investigations typically conducted?
As in general criminal procedure law, the principle of ‘in dubio pro reo’ applies in environmental criminal law, meaning the guilt of the accused must be proven beyond a reasonable doubt and all elements of the offense must be established by the public prosecutor’s office or the criminal courts. Environmental criminal investigations are often complex and technically challenging, as they are carried out in cooperation with specialized authorities such as the Federal Environment Agency or the industrial inspectorate. Typical measures include extensive expert opinions, measurements, securing of business records as well as questioning of technical personnel and responsible parties. Especially in the case of serious allegations, careful preservation of evidence and the deployment of technical and scientific experts is of utmost importance.
