Environmental Criminal Defence in Germany

Environmental criminal law protects water, soil and air and also regulates waste, facilities and emissions. It is closely connected to environmental administrative law: permits, conditions, measurements and official orders may be central to the criminal assessment.

Business cases commonly involve water pollution under Section 324 StGB, soil contamination under Section 324a, unlawful waste handling under Section 326 and unlawful facility operation under Section 327. Depending on the business, emissions and cross-border waste-shipment provisions may also apply.

The analysis turns on actual duties, control, information and the ability to intervene. Depending on the offence, this may concern managing directors, operators, technical managers, environmental officers and employees. An organisation chart or job title does not replace the analysis of acts, omissions, delegation and intent or negligence.

Depending on the allegation, relevant material includes permits and conditions, measurements and sampling records, operating and maintenance data, waste classifications, transport and disposal records, and documents showing responsibilities and warnings. The key is the timeline connecting the event, the duty and the person said to be responsible.

Preserve the sequence of events, the affected facilities or waste streams, the documents taken and the internal allocation of duties. Keep factual events separate from the authorities’ assessments. Before any statement, review the procedural position, file, permits and technical evidence in a coordinated way.