Air Pollution

Air Pollution in Europe

Air Pollution in Germany

Provisions relating to air pollution in the German Criminal Code [1]: This criminal issue is covered by Chapter Twenty-nine, under the heading “Offences Against the Environment,” located in Section 325 Air pollution, which reads: (1) Whosoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law, causes alterations of the air which are capable of harming the health of another, animals, plants or other property of significant value outside the area belonging to the facility shall be liable to imprisonment not exceeding five years or a fine. The attempt shall be punishable. (2) Whosoever, in the operation of a facility, especially a plant or machine, in gross violation of duties under administrative law, releases harmful subtances in significant amounts into the air outside the grounds of the facility shall be liable to imprisonment not exceeding five years or a fine. (3) If the offender acts negligently the penalty shall be imprisonment not exceeding three years or a fine. (4) Harmful substances within the meaning of subsection (2) above are substances which are capable of harming the health of another, animals, plants or other 1. property of significant value; or 2. polluting or otherwise negatively and permanently altering a body of water, the air or the soil. (5) Subsections (1) to (3) above shall not apply to motor-vehicles, rail vehicles,aircraft or watercraft.

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Notes

  1. The content of the translated German penal code in relation to air pollution is current as of 2010

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