Environmental criminal law

The protection of the environment under criminal law is enshrined in the core criminal law of the Criminal Code (Sec 324 et sqq) as well as in various supplementary laws (e.g., Toxic Substances Control Act (ChemG), Toxic Chemicals Ordinance (GefStoffV), Plant Prottection Law (PflSchG), Federal Nature Conservation Act (BNatSchG). Its importance for companies operating in hazardous areas is not to be underestimated, in particular since violations of regulations can normally be committed not only intentionally but also negligently. This may not only affect the persons acting directly but also managing directors and board members who can be accused of having violated their supervisory duty and not least the company itself on which a fine may be imposed (Sec 30 Law on Administrative Offenses (OWiG)). The respective accusation may also involve consequences under administrative law, e.g., the issuance of permits required for the operation which must be kept in mind.

We defense in investigation proceedings on account of the violation of regulations set forth in the environmental criminal law. Where required, we work together with colleagues specialized in administrative law.