Summary

The current German environmental penal law had its beginnings in the law adopted in 1980 amending the 18th Penal Code, with which the legislator comprehensively reformed the environmental penal law, and added to the penal code a separate (28th) chapter, “Environmental Offences“. Some environmental offences had already been codified, but these were distributed throughout the various laws of the special part of administrative law. The environmental offences that existed in this so-called branch penal law tended to be invisible. The law amending the 18th Penal Code transposed the contents of the branch penal law – nevertheless with substantial structural changes and developments – and consolidated them into a new chapter in the penal code.

A second major reform of environmental penal law took place in 1994 and resulted in important additions and amendments.

The article provides an overview of the elements of environmental offences in the penal code of Germany, examines the various problems and trends, and looks closely at the elements that are most frequently implemented in practice.