Only a fraction of the prohibitions in criminal environmental law is covered by the Criminal Code. By far the largest part is regulated by criminal law annexes to administrative acts, which are often amended. EU regulations also have a strong influence, for example, in the field of waste.
At the beginning of the investigative procedure, it can also prove problematic that searches are often not only directed against the company directly affected, but against all companies in a supply chain. The accompanying stigmatisation and its economic consequences can be devastating long before the end of the criminal proceedings.
There are also important issues of individual responsibility as the basis for criminal liability. In almost all companies that need administrative approval, there is a distribution of tasks and responsibilities. Because a supervisory duty persists after responsibilities have been delegated, there is de facto a multiplication of responsibilities. It is then difficult to determine the punishable role in the offence of each individual. In these situations there is the risk of a fine against the company for not supervising on the part of the company owner. These fines can reach levels that endanger the existence of the company. Our lawyers have a wealth of practical experience to successfully represent you in cases involving criminal and administrative offenses.