Definition and legal classification of poison
The term “poison” refers, in a legal context, to substances or mixtures which, due to their chemical, physical, or physiological effects, are capable of damaging or destroying the health of humans, animals, or plants. The term is of central importance in criminal law, civil law, and public law, and is subject to extensive statutory regulation at both the national and international level.
Criminal law significance of poison
Poison within the meaning of the Criminal Code (StGB)
In German criminal law, “poison” is especially discussed in the context of bodily injury and homicide offences. The decisive provisions here are particularly § 224 StGB (“dangerous bodily injury”) and § 211 StGB (“murder”). According to these, poison is any substance which, under the specific circumstances and in the particular manner of application, is capable of causing significant health damage.
Bodily injury with poison (§ 224 para. 1 no. 1 StGB)
The use of poison constitutes a particularly serious case of bodily injury. The qualification requires that the poison used in the specific case is capable of causing harm to health, and that its administration or use was intended to injure the victim.
Homicide offences involving poison (§ 211 StGB, § 212 StGB)
If a person is killed by the administration of poison, this can qualify as an aggravating circumstance (“treacherous or using means dangerous to the public”) under § 211 StGB. The manner of administration, degree of treachery, and the dangerous character of the poison are regularly the focus of the legal assessment.
Definition and interpretation of the term poison in criminal law
Criminal law differentiates between chemical and biological poisons. The decisive factor is always the harmful nature of the specific substance in context. Not only classic toxins, but also certain pharmaceuticals, chemicals, or gases are included when they represent a significant health risk. The dosage, manner of application, and individual circumstances (such as the victim’s pre-existing conditions) are essential for the legal assessment.
Public law regulations and protective provisions
Chemicals Act (ChemG) and Hazardous Substances Ordinance (GefStoffV)
The handling of poison is comprehensively regulated under public law. The Chemicals Act (ChemG) and the associated Hazardous Substances Ordinance (GefStoffV) contain numerous provisions relating to the manufacture, distribution, transport, and storage of poisons. These include, among others:
- Approval, registration, and labeling requirements for poisonous substances
- Safety requirements for handling, as well as rules governing storage and disposal
- Notification obligations and documentation requirements
- Protective provisions for employees and the environment
The law obliges companies and private individuals to exercise special care when handling toxic substances and to take measures to avoid hazards.
Narcotics Act (BtMG)
Many poisons are also classified as narcotics and are thus subject to the BtMG. This includes specific requirements regarding acquisition, possession, and trafficking, as well as especially strict criminal law provisions for misuse.
Plant protection and food law
Detailed rules regarding the application, labeling, and limit values concerning poisonous substances also exist in plant protection law (Plant Protection Act, PflSchG) and food law, in order to protect consumers and the environment from health risks.
Civil law aspects of poison
Liability for damages caused by poison
In civil law, the primary concern is liability for damages caused by the use or release of poisons. The relevant provisions are mainly found in the German Civil Code (BGB):
- § 823 para. 1 BGB: Obligation to pay damages in cases of intentional or negligent injury to life, body, health, freedom, or property through the use of poisonous substances.
- Strict liability: For certain poisons (for example, in industrial facilities with increased risks) strict (no-fault) liability provisions often apply.
Product Liability Act (ProdHaftG)
Manufacturers of products that contain toxic substances are subject to the Product Liability Act. They are liable for damages resulting from defective product design, inadequate labeling, or insufficient instructions for use.
International legal frameworks
REACH Regulation
In European law, the REACH Regulation (Registration, Evaluation, Authorisation and Restriction of Chemicals) plays a central role. It comprehensively regulates the placing on the market and handling of chemicals in Europe, including numerous toxic substances.
Basel Convention and international agreements
International agreements — such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes — contain specific rules for the international trade, disposal, and transport of poison and other hazardous substances.
Criminal and administrative penalty provisions
Violations of statutory requirements for handling poison can result in severe sanctions. These include:
- Fines and imprisonment (§§ 325-330 StGB – environmental offences, § 95 ChemG)
- Administrative fines for regulatory offenses (e.g., under ChemG and GefStoffV)
- Revocation of permits and prohibition of business operations
Sentencing is based on the specific level of risk, the degree of fault, and the resulting damage.
Literature and further regulations
In conclusion, it should be noted that the legal handling of poison contains numerous other specific regulations, for example, in the Medicines Act (AMG), Water Resources Act (WHG), and Animal Protection Act. The exact legal assessment in each case depends on the type of poison, its use, and the circumstances of the individual case.
This article provides a comprehensive overview of the legal aspects of poison—from the basics in criminal and civil law to public law protective provisions to international legal frameworks. The factual and detailed approach ensures a high level of information density and a valuable insight into the complex legal treatment of toxic substances.
Frequently asked questions
Who is legally liable in cases of poisoning due to incorrectly labelled products?
In the event of poisoning resulting from incorrect labeling of products, product liability under the Product Liability Act (ProdHaftG) generally applies in Germany. According to this, the manufacturer of a product is strictly liable for damages caused by defects in the product. A defect exists in particular if the safety expectations of the end consumer are not met, e.g., due to inadequate toxic substance labeling. Importers or dealers can also be held liable, especially if the manufacturer cannot be identified. In addition to civil claims (e.g. for compensation and damages for pain and suffering), criminal consequences are also possible, for example for negligent bodily injury under § 229 StGB or, in severe cases, negligent homicide (§ 222 StGB). Authorities can also impose administrative fines and order product safety measures, such as recalls or sales bans.
What are the legal requirements for handling toxic substances?
Handling toxic substances is strictly regulated in Germany. The core legislation is the Chemicals Act (ChemG) and the Hazardous Substances Ordinance (GefStoffV). Companies and individuals who work with poisonous substances must comply with numerous protective measures, labeling obligations, and documentation requirements. This includes clear labelling of hazardous substances (under the CLP Regulation), provision of safety data sheets, and creation of suitable storage facilities. Companies are required to regularly instruct their employees in dealing with hazardous substances and implement appropriate safety measures (e.g., personal protective equipment, emergency plans). Improper or unauthorized handling can result in significant administrative fines or even criminal prosecution.
What penalties are there for illegal manufacture or distribution of poisons?
The manufacture, possession, and trade in toxic substances without proper authorization is a criminal offense. Under § 95 of the Medicines Act (AMG) and §§ 16 and 17 ChemG, violations can be punished with imprisonment of up to five years or with a fine. Especially where there is a risk to life or limb, or where poisons are used for criminal purposes, other criminal statutes, such as the StGB (e.g., §§ 224, 227, 233 StGB — dangerous bodily harm, negligent homicide, human trafficking), can also apply. In addition to criminal sanctions, confiscation measures under the Criminal Code are possible, so that seized substances can be permanently confiscated.
To what extent are poisonous substances subject to special notification and recording requirements?
The acquisition, delivery, and consumption of particularly dangerous toxic substances are subject to documentation requirements. According to § 16 ChemG and the Hazardous Substances Ordinance, companies are required to keep so-called poison books or electronic records. These must include information about the type and quantity of the substance, the date of the respective transactions, as well as the recipients or users. Authorities (e.g., trade supervisory offices) have the right to inspect these records at any time. The aim is traceability and the prevention of unauthorized diversion into illegal channels. Violations can result in substantial administrative fines and potentially in criminal sanctions.
What are the legal requirements for the disposal of poisons?
Toxic substances and their residues are classified as hazardous waste under the Circular Economy Act (KrWG) and the Waste Catalogue Ordinance (AVV). Their disposal may only be carried out by licensed specialized waste companies. Both private individuals and businesses are obliged to take old poisons and toxic chemicals to the municipal hazardous waste collection point or suitable disposal companies. Illegal disposal — such as pouring into sewer systems, dumping in the environment, or mixing with household-like waste — constitutes a regulatory offence or a criminal offense under § 326 StGB (unauthorized handling of hazardous wastes) and can be prosecuted with substantial fines or imprisonment.
When is a company or individual criminally liable in cases of poisoning?
Criminal liability for companies or individuals can arise whenever the manufacture, placing on the market, or administration of poisonous substances is committed intentionally or negligently and results in harm to persons. Even negligent causation of poisoning can be punishable under § 229 StGB (negligent bodily injury). If improper handling, lack of safeguards, or inadequate labeling leads to serious outcomes, such as death or personal injury, offences like negligent homicide (§ 222 StGB) or—under certain circumstances—even liability for omission may apply, provided there was a duty of care. Offenses apply to those responsible within companies (management, appointed persons) as well as to individuals, if they violate statutory duties of care.
