Unlawful Operation of Facilities

Unlawful Operation of Facilities in Europe

Unlawful Operation of Facilities in Germany

Provisions relating to unlawful operation of facilities 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 327 Unlawful operation of facilities, which reads: (1) Whosoever without the required permit or contrary to an enforceable prohibition operates a nuclear facility, possesses an operational or decommissioned nuclear facility or in whole or in part dismantles such a facility or substantially modifies its operation; or 1. 2. substantially modifies a plant in which nuclear fuels are used or its location shall be liable to imprisonment not exceeding five years or a fine. (2) Whosoever operates a facility which requires a permit or any other facility within the meaning of the Federal Emission Control Act the operation of which has been prohibited in order to prevent danger; 1. 2. a pipeline facility for the transportation of water-endangering substances within the meaning of the Law on Environmental Impact Assessment which requires a permit; or a waste disposal facility within the meaning 3. of the Recycling and Waste Act, without the permit or planning approval required by the respective statute or contrary to an enforceable prohibition based on the respective statute shall be liable to imprisonment not exceeding three years or a fine. (3) If the offender acts negligently the penalty 1. in cases under subsection (1) above shall be imprisonment not exceeding three years or a fine; 2. in cases under subsection (2) above shall be imprisonment not exceeding two years or a fine.

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Notes

  1. The content of the translated German penal code in relation to unlawful operation of facilities is current as of 2010

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