28.09.2024

Criminal liability for environmental pollution

plpolski (Polish)

It is clear to all of us today that care for the environment is essential. The greatest possible protection of the environment should be built into sustainable development, industry or any economic activity at all. It is therefore not surprising that the legislator has also decided that the environment should also be protected under criminal law. Environmental pollution entails criminal liability.

Article 182 of Polish Criminal Code

The offence under Article 182 consists in the pollution of water, air or land surface. This pollution is caused by either a substance or ionising radiation. However, not all environmental pollution is an offence. Only such pollution is punishable which, due to the quantity or form of the substance or radiation, may:

  • endanger human life or health,
  • cause a significant deterioration in the quality of water, air or land,
  • cause damage to the plant or animal world on a significant scale.

The occurrence of at least one of the aforementioned hazards is sufficient for the commission of this act.

Pollution is primarily defined as the so-called emissions, i.e. the introduction of substances into the air, water or soil as a result of human activity, which may be harmful to human health or the environment. These are usually chemical substances of various kinds. There is no doubt that such emissions can often occur in connection with industrial activities.

Not all environmental pollution is punishable

As indicated above, not every environmental pollution will be an offence under Article 182 CC. It is necessary that this pollution has the potential to cause certain consequences specified in this provision.

However, if the analysed act is committed, the penalties are relatively high. This is because the offence of environmental pollution is punishable by imprisonment of between 6 months and 8 years. A more severe penalty is provided for in the case where the act was committed in connection with the operation of an installation operating within an establishment, within the scope of environmental use for which a permit is required. The penalty then threatened is a minimum of one year and a maximum of 10 years’ imprisonment. An even more serious penalty, up to 20 years’ imprisonment, has been provided for in the case where environmental pollution has led to serious consequences, such as serious damage to human health, death, or damage to the plant or animal world on a significant scale. On the other hand, more lenient penalties were foreseen when the offender committed the act unintentionally.

 

Full article is available in Polish here.

 

plpolski (Polish)

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