My company’s board members have been charged with an environmental crime — how do I defend them?
Client
Large packaging manufacturer
The situation
Environmental crimes as a legal category are gaining increasing significance in Poland. Prosecutors and environmental authorities are making ever more active use of Criminal Code provisions on environmental violations, particularly in relation to industrial investments, pollution emissions or waste management. A large packaging manufacturer was implementing a new investment and installing air pollution control equipment. As a result of proceedings initiated by administrative authorities, the matter took on a criminal character with charges directed personally against the company’s board members. The charges related to decisions taken in the course of implementing the investment and constructing the emission reduction installation.
Our role
We represented the accused board members in the criminal proceedings. The defence strategy combined three levels: technical (demonstrating that the installation met the requirements and that the investment decisions were correct), administrative (demonstrating compliance with the permits and procedures held) and criminal (demonstrating the absence of intent to breach the regulations and good-faith action).
A broader perspective — a trend that concerns every board
This case is an example of a growing trend that will affect an increasing number of Polish companies. The new EU Directive on criminal liability for environmental crimes tightens penalties and expands the catalogue of offences. Polish law is implementing these changes. For the boards of industrial companies, this means one thing: criminal liability for environmental decisions is ceasing to be a theoretical risk. It is worth building safeguards before the prosecutor knocks on the door, not after the fact.
The result
We are one of the very few teams in Poland with documented experience in successfully defending white collar environmental crime cases.
Is your company or its board facing criminal charges related to environmental activities? We have unique experience in this type of case – contact us.
Environmental protection
Environmental regulations affect not only compliance, but what matters most in business: the pace of investment, operating costs, and security. In this area, knowing what the law says is not enough. You also need to know how to translate it into concrete actions and sound decisions.
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