Having your production or industrial plant seized due to a dispute over unauthorized discharge represents a moment of profound crisis for any business. Beyond the halt in activities, the shadow of a complex criminal proceeding looms, governed by the strict regulations of the Consolidated Environmental Act. As an expert criminal lawyer in Milan, Avv. Marco Bianucci perfectly understands the urgency and delicacy of these situations, intervening promptly to protect the rights of the accused and business continuity.

The Crime of Unauthorized Discharge and Preventive Seizure

The Italian legal system severely punishes the discharge of industrial wastewater or other pollutants into the environment without the required Single Environmental Authorization (AUA) or with a suspended or revoked authorization. When the judicial authority or law enforcement detects a potential environmental offense, the first precautionary measure adopted is almost always the preventive seizure of the plant, machinery, or settling tanks.

The seizure aims to prevent the crime from having further consequences, effectively blocking the source of pollution. However, this measure paralyzes the company. To address this accusation, it is crucial to meticulously analyze the assessment reports, the samples taken, and the technical procedures followed by the inspectors, as any formal defects or errors in the sampling can prove decisive for the defense.

The Bianucci Law Firm's Approach to Environmental Criminal Defense

The approach of Avv. Marco Bianucci, an expert criminal lawyer in Milan, focuses on an immediate and strategic evaluation of the investigative documents. The primary objective is to determine if the conditions exist to file a request for the release of the seized property or, alternatively, to request the authorization to use the plant, thereby allowing the company to resume its production activities, albeit partially or under specific conditions.

Each defense strategy is tailor-made. The Bianucci Law Firm frequently collaborates with party-appointed technical consultants, experts in chemistry and environmental engineering, to refute the prosecution's expert reports and demonstrate the potential regularity of the discharges or the absence of intent or gross negligence in the contested conduct. Timeliness in procedural choices, whether it involves facing trial or considering alternative dispute resolution methods, is crucial for minimizing the criminal and reputational impact on the business.

Frequently Asked Questions

What happens after the plant is seized for illegal discharge?

After the seals are affixed, a criminal proceeding is formally opened against the legal representative of the company. It is necessary to immediately appoint a trusted defense counsel to examine the seizure order and evaluate the filing of an appeal to the Review Court to request its annulment and the return of company assets.

Is it possible to resume operations with the seized plant?

In some cases, it is possible to request the Public Prosecutor or the Preliminary Investigations Judge for what is known as the "right to use" the seized plant. This concession is usually conditional upon the execution of adaptation works to bring the discharges into compliance and ensure that the activity continues in strict adherence to current environmental regulations.

What are the penalties for discharging industrial wastewater without authorization?

The Consolidated Environmental Act provides for criminal penalties that can include arrest and substantial fines. The severity of the penalty depends on the nature of the substances discharged, for example, if they are hazardous substances, and the extent of the environmental damage caused. Furthermore, the company risks heavy administrative sanctions and the obligation to remediate polluted sites.

How can I defend myself if the authorities' sampling is incorrect?

The sampling and analysis of wastewater must follow rigorous technical protocols. The defense, supported by trusted technicians, can contest the validity of the sampling if the sampling methods, the chain of custody, or the analysis procedures have not been respected, thereby invalidating the primary evidence on which the accusation is based.

Case Assessment and Defense Strategy

Facing an accusation of an environmental crime and the shutdown of your business requires expertise, clarity, and immediate legal intervention. The costs of a criminal proceeding depend on numerous factors specific to each case, such as the complexity of the investigations and the need for specialized technical consultations. During an initial consultation, Avv. Marco Bianucci will thoroughly analyze the documentation you possess to outline a clear and transparent picture of the required commitment and the available defense options. Contact the Bianucci Law Firm in Milan to schedule an appointment and begin building the defense of your company's rights.