The reform of the Penal Code will toughen the penalties for environmental offences
The Spanish Congress of Deputies has recently approved a reform of the Penal Code that toughens penalties for environmental crimes, especially in the improper management of hazardous waste, water and soil pollution, and illegal dumping.
The amendments to articles 325 and 326 of the Penal Code establish harsher penalties for companies and individuals who violate environmental regulations. It is proposed to increase fines up to 2 million euros, with prison sentences of up to 6 years for those directly responsible for these offences.
Among the most relevant innovations are the following:
- Increased penalties for those who dump hazardous waste without authorisation or in breach of environmental regulations.
- Increased financial penalties for companies that are repeat offenders in environmental offences.
- Inclusion of criminal liability for managers and administrators who allow, authorise or fail to prevent polluting practices in their companies.
- Strengthening the criminal liability of legal persons, obliging companies to implement prevention plans and environmental compliance protocols.
The reform aims to harmonise Spanish legislation with Directive 2008/99/EC on the protection of the environment through criminal law and to strengthen compliance with Law 26/2007 on Environmental Liability.
From SF Abogados, we recommend companies to review their environmental management procedures and update their regulatory compliance plans to avoid penalties and ensure compliance with the legislation, anticipating that these amendments will be approved, albeit with some modifications coming from the amendment period and will tighten the current rules in force.
Legislation:
- Spanish Penal Code, articles 325 and 326.
- Law 26/2007 on Environmental Liability.
- Directive 2008/99/EC on the protection of the environment through criminal law.
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