Water contamination

Legal defence in water contamination cases

The offence of water contamination (Article 356 of the Criminal Code) is a serious offence against public health consisting of contaminating water sources or networks by any means, where the water becomes harmful to human, animal or plant health. The basic intentional form carries one to 5 years’ imprisonment, and attempt is punishable. If committed negligently, for example through accidental discharges or negligent handling of harmful substances, the penalty is 6 months to 3 years or a fine. The law establishes particularly severe rules for responsible legal entities, including companies, water utilities and farms, setting the amount of one criminal fine-day between RON 500 and RON 25,000. Involving a criminal defence lawyer is absolutely essential because determining the water’s harmfulness and precise contamination source involves complex technical procedures, hydrological expert evidence and rigorous toxicological analyses.

Analysis of environmental reports, absence of causation and defence strategies

Because the act directly affects public health and the ecosystem, criminal proceedings begin ex officio, meaning that reconciliation between the parties or withdrawal of the complaint cannot extinguish criminal liability. Accordingly, the legal strategy focuses on rebutting the accusations technically and factually. The defence challenges toxicological or biological analysis reports prepared by environmental or public-health authorities, requesting independent expert reassessments to demonstrate that the water did not become harmful within the meaning of criminal law. Causation may also be challenged by proving pollution came from another source, such as a historical polluter or neighbouring industrial sites, or that the incident resulted from a fortuitous event, such as extreme flooding or unforeseeable natural phenomena, seeking acquittal or discontinue of the criminal case.

Urgent legal assistance in Romania

An accidental discharge, sewage treatment plant failure or unannounced Environmental Guard or Public Health Directorate inspection can immediately place company or farm representatives under criminal investigation, risking enormous criminal fines or imprisonment. Basuc Cosmin Law Office provides urgent legal representation and specialist assistance with these highly technical accusations. We actively assist at interviews in cases investigated by police and prosecutors in Romania, represent you in dealings with environmental agencies and formulate a rigorous defence before competent district courts, determined to protect your company’s assets and your personal liberty.