Processing plastics is not always equal to waste management – acquittal obtained
Andersen successfully represented the CEO of a plastics processing company in a criminal trial involving a charge under Article 183 §1 of the Criminal Code. Our experience and strategic approach to the case allowed us to obtain the acquittal of the Client by the Court of First Instance (non-final judgment).
The indictment resulted from an intervention inspection conducted by the Regional Inspector of Environmental Protection of Małopolska (MWIOŚ). As a result of the inspection, the company (and consequently the Chairman of the Board of Directors) was charged with processing waste (instead of being engaged in production activity) without the necessary permits, involving the emission of volatile organic compounds (VOCs), which constitutes an offense under Article 183 of the Penal Code. According to this provision, anyone who stores, removes, processes, collects, disposes of, transports, or recovers waste or substances under conditions that may endanger human life or health, impair the quality of water, air, or land surfaces, or cause damage to the plant or animal world, is subject to criminal liability.
During the pre-trial proceedings, the public prosecutor initially intended to dismiss the case. However, after consulting an environmental expert who provided an opinion unfavorable to the CEO represented by Andersen, the prosecution reversed their position and filed an indictment.
During the court proceedings, Andersen’s experts, acting as defense counsel,
- Showed the deficiencies, defects, and internal inconsistencies of the initial expert’s opinion.
- Had the court appoint another environmental expert.
- They submitted evidence which was taken into account by the second expert in his opinion. This evidence indicated that another entity, which had previously operated in the vicinity of the company’s place of business and left waste (including hazardous waste) behind after its operations, was responsible for the emissions.
The conclusion to be drawn from the above case is that expert opinion is crucial in proceedings involving environmental offenses. For this reason, it is essential to hire defense attorneys who are knowledgeable and experienced in environmental law to represent your interests. The Environmental Law Team of Andersen in Poland provides clients with adequate support in all such cases.
The case was handled by:
Dawid Mielcarski, advocate, Partner at Andersen in Poland
Klaudia Raczek, advocate, Manager at Andersen in Poland