Environmental Offences

Environmental Offences in Europe

Aggravated Cases of Environmental Offences in Germany

Provisions relating to aggravated cases of environmental offences 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 330 Aggravated cases of environmental offences, which reads: (1) In especially serious cases of an intentional offence under sections 324 to 329 the penalty shall be imprisonment from six months to ten years. An especially serious case typically occurs if the offender damages a body of water, the soil or a conservation area within the meaning of section 329 (3) in such a manner that the damage cannot be eliminated or only at extraordinary expense or after a lengthy period of time; 1. 2. endangers the public water supply; 3. permanently damages an existing population of animals or plants of species under threat of extinction; 4. acts out of profit-seeking. (2) Whosoever by an intentional offence under sections 324 to 329 places another person in danger of death or serious injury or a large number 1. of people in danger of injury; or 2. causes the death of another person, shall in cases under No 1 above be liable to imprisonment from one to ten years, in cases under No 2 above to imprisonment of not less than three years unless the act is punishable under section 330a (1) to (3). (3) In less serious cases under subsection (2) No 1 above the penalty shall be imprisonment from six months to five years, in less serious cases under subsection (2) No 2 above imprisonment from one to ten years.

Causing Noise, Vibrations and Non-ionising Radiation in Germany

Provisions relating to causing noise, vibrations and non-ionising radiation 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 325a Causing noise, vibrations and non-ionising radiation, which reads: (1) Whosoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law, causes noise which is capable of harming the health of another outside the area belonging to the facility, shall be liable to imprisonment not exceeding three years or a fine. (2) Whosoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law which serve to protect against noise, vibrations or non-ionising radiation, endangers the health of another, animals not his own or property of significant value belonging to another shall be liable to imprisonment not exceeding five years or a fine. (3) If the offender acts negligently the penalty 1. in cases under subsection (1) above shall be imprisonment not exceeding two years or a fine; 2. in cases under subsection (2) above shall be imprisonment not exceeding three years or a fine. (4) Subsections (1) to (3) above shall not apply to motor-vehicles, rail vehicles, aircraft or watercraft.

Resources

Notes

  1. The content of the translated German penal code in relation to causing noise, vibrations and non-ionising radiation is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to aggravated cases of environmental offences is current as of 2010

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