Environmental inspection and criminal liability
Entrepreneurs from many different industries are subject to numerous inspections, including those related to environmental protection. It is obvious that if an environmental inspection reveals violations, the authorities may impose penalties or file reports with the public prosecutor’s office. However, can the inspection itself have criminal consequences for the entrepreneur?
As part of environmental inspections, entrepreneurs may face criminal liability in connection with:
- preventing or hindering the performance of official duties by a person authorised to carry out environmental inspections or a person assisting them
- use of unlawful violence or threats to compel a public official or a person assisting them to perform or refrain from performing a legal official act
- violation of the physical integrity of a public official or a person assisting them during or in connection with the performance of their official duties
Furthermore, failure to provide a truthful response within the specified time limit after the Environmental Protection Inspectorate has issued post-inspection recommendations constitutes a misdemeanor.
Passing through the inspection should be a calm process, ensuring that it runs smoothly. However, it is good to know what powers the inspector has, what they can actually demand, and whether the inspection activities exceed the designated limits. If in doubt, it is worth remembering that you can appoint a representative who will support you during the inspection, ensure that it runs smoothly and take care of all the formalities.
Full article is available in Polish here.