Environmental Crimes and Risks for Businesses: A Complex Challenge
Managing a production activity in a densely industrialized context like Lombardy inevitably involves confronting increasingly stringent environmental regulations. When an incident or irregularity occurs in waste management or emissions, the consequences are not limited to the administrative level but can quickly escalate to criminal charges. As a criminal defense lawyer with experience in corporate defense in Milan, Avv. Marco Bianucci deeply understands the anxiety and concern that arise from the notification of a notice of investigation or the opening of an investigation for environmental crimes. Not only the personal freedom of company executives is at stake, but also the operational continuity and the very reputation of the company.
The Regulatory Framework: From Eco-crimes to 231 Liability
The Italian legislator has significantly increased penalties for environmental matters, introducing the so-called 'eco-crimes' (such as environmental pollution and environmental disaster) into the Criminal Code through Law 68/2015. These offenses carry severe custodial sentences and doubled statute of limitations periods. However, the most critical aspect for companies is the extension of administrative liability of entities under Legislative Decree 231/2001 to environmental crimes. This means that if a crime is committed in the interest or to the advantage of the company, the company itself can be sanctioned with substantial financial penalties, interdictory sanctions (such as the prohibition of contracting with the Public Administration), or even the revocation of authorizations essential for the production activity.
The Bianucci Law Firm's Approach to Corporate Criminal Defense
Facing proceedings for environmental crimes requires a defense strategy that combines legal and technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in corporate criminal law in Milan, is based on a rigorous analysis of the charges and collaboration with qualified technical consultants. Defense is not limited to the trial phase but begins with preventive and advisory activities. For companies, demonstrating that they have adopted and effectively implemented an Organizational, Management, and Control Model (MOG) suitable for preventing the type of crimes that occurred is fundamental to excluding or limiting the entity's liability. The firm works to highlight the absence of organizational fault and to protect the corporate and personal assets of directors, aiming to demonstrate the correctness of the adopted procedures.
Frequently Asked Questions
What are the risks for a director in case of environmental pollution?
The director or legal representative faces personal criminal penalties that vary based on the severity of the alleged crime. For the offense of environmental pollution (Art. 452-bis of the Italian Criminal Code), the penalty is imprisonment from two to six years and a substantial fine. Criminal liability is personal, but the entire chain of command is often involved if there is no clear delegation of environmental functions.
Is the company liable even if the crime is committed by an employee?
Yes, under Legislative Decree 231/2001, the company can be held liable if an environmental crime is committed by an employee or a person in a senior position in the interest or to the advantage of the entity. This typically occurs if the company saved on disposal or maintenance costs due to the illicit conduct. The adoption of an effective organizational model under Decree 231 is the only way to avoid this liability.
Is it possible to avoid the seizure of the production plant?
Preventive seizure is a common precautionary measure in environmental crimes to prevent the crime from leading to further consequences. However, an experienced criminal defense lawyer can file a review request or ask for permission to use the plant, demonstrating that the company has taken steps to secure the site and regularize its position, thus safeguarding business continuity.
What is the difference between a misdemeanor and an environmental felony?
Misdemeanors are lesser offenses, often punishable by arrest or a fine, and usually involve formal violations or minor exceedances of thresholds (e.g., unauthorized discharges). Environmental felonies, introduced in 2015, punish conduct that causes significant and measurable impairment or deterioration of the ecosystem, and carry much more severe custodial penalties (imprisonment).
Request a Legal Consultation
Timeliness is the key factor in managing environmental crises and criminal proceedings against companies. If your company has received charges or you wish to assess the risks associated with your production activity, contact Avv. Marco Bianucci for a preliminary case evaluation. The firm offers targeted legal assistance in Milan and throughout Lombardy to protect the future of your business.