Environmental criminal law
Environmental protection is a hot topic, especially in the wake of the European Union and international conventions.
The Telchini & Mayr Firm in Bolzano has significant experience in environmental criminal law that it acquired while defending major companies, taking on cases in the Province of Bolzano and various regions of Italy.
The complexity of the matter requires the attorney defending the business to be highly qualified and also requires the collaboration of top level technical consultants.
Waste management is increasingly complex and technical, requiring specialised training, even in order to be able to formulate a proper defence in the face of objections from the Authorities in environmental matters (including the Ecological Operational Unit of the Carabinieri and the various offices set up by the local authorities).
Italian Legislative Decree 152/2006 ("Environmental regulations") governs waste management methods in detail, in order to allow their traceability and avoid dangers to health and environmental integrity.
Beside the sanctioning cases set forth in the environmental waste law (mixing of waste, unauthorized waste management, illegal waste traffic, etc.), which in some cases lead to the confiscation of the means used for transport, the penal code punishes the conduct deemed most harmful for the environment, among which we can recall the following:
- environmental pollution (Art. 452 bis)
- death or injury resulting from environmental pollution crime (Art. 452 ter)
- environmental disaster (Art. 452 qater)
- crimes against the environment (Art. 452 quinquies)
- trafficking and abandonment of highly radioactive material (Art. 452 sexies)
- failure to reclaim sites (Art. 452 terdecies)
- ctivities organised for the illegal trafficking of waste (Art. 452 quaterdecies).