Environmental Crime: Article 325 of the Penal Code

Environmental crime is one of the fastest-growing areas in recent years. As criminal lawyers in environmental offenses, we explain the basic offense and the defense strategy.

What Article 325 Penal Code Punishes

Article 325 of the Penal Code punishes anyone who, breaching environmental rules, causes or carries out emissions, discharges, noise, extractions or deposits capable of seriously harming the balance of natural systems. The penalty is 2 to 5 years in prison, an 8 to 24-month fine and special disqualification of 1 to 3 years, increased in the aggravated form.

An Endangerment Offense

It is key to understand that this is an endangerment offense: it does not require actual, completed harm to the environment; it is enough that the conduct is capable of seriously harming the natural balance. This shifts the debate to expert evidence on that capacity.

Corporate Liability

Where the offense is committed within a business activity, the criminal liability of the legal entity may be declared. An effective environmental compliance program, with genuine controls over emissions and discharges, can operate as a mitigating or exempting factor.

Defense Strategy

The defense is built on environmental expert evidence (challenging the capacity for serious harm), the correct attribution of the conduct to a specific person and compliance with sector rules and administrative permits.