Environmental Criminal Liability

The Criminal Code regulates environmental criminal liability regarding severe impairments, whereas environmental substantial law, e.g. the Environmental Protection Act and the Waste Act, contain provisions pertaining to criminal liability regarding less severe infringements.

An essential question regarding criminal liability is whether the party responsible has acted negligently or intentionally. Severe offences in the Criminal Code usually require aggravated negligence, whereas substantial law usually only requires ordinary negligence for criminal liability. Other crucial questions relate to determining the action’s possible impacts on environment and attribution and apportion of the liability to the parties responsible.

The regional Centre for Economic Development, Transport and Environment can act in the status of a injured party in cases that concern infringement of an important public interest, for example when there is danger of contamination on ground water. Environmental offences also affiliate with questions regarding compensation of environmental damages, see [Environmental Damage].