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ARTICLE · 01 AUGUST 1995

Recent Developments - Criminal Liability For Violation of Environmental Laws

Gianni Origoni Linklaters Alliance
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ItalyStrategy

On December 28, 1994, the United Sections of the Court of Cassation issued an important judgement concerning the permanent or temporary nature of the offences identified by Articles 25 and 26 of Presidential Law Decree No. 915 of September 10, 1982 ("DPR 915/1982") regarding waste and waste disposal. Such provisions concern the creation or the management of unauthorised land-fills (Article 25, clause II) and the unauthorised storage of toxic and hazardous waste (Article 26).

The practical issue to be decided by the Court was whether the current chairman of the board of directors of a company could be held criminally liable for violating the above-mentioned provisions, although he did not manage the company when the unlawful action took place, but had simply (after taking over as chairman) maintained the pre-existing situation without attempting to modify it.

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