If your company is facing an environmental criminal investigation (for example following an inspection by Garda Națională de Mediu (GNM)), the practical goal is to control risk early: rebuild the facts, secure the documents, understand what the authorities may rely on, and plan the next procedural steps under Romania’s Criminal Procedure Code (Law no. 135/2010).
We work in a structured way for companies and corporate groups with multiple sites: timeline & evidence mapping, review of compliance documents (waste, emissions, permits), coordinated communications, and procedural defence throughout the stages of investigation and, if needed, court proceedings.
The information is general and does not replace legal advice. Facts, documents and timeline matter.
When you typically need this
- You have an inspection by GNM and there are signs a criminal referral may follow.
- You received a summons/invitation from police or the prosecutor in relation to suspected environmental offences (pollution, waste, operating without required permits).
- An incident occurred (spill, emissions exceedance, fire, persistent odour) and there is discussion about criminal liability and possible activity suspension.
- Waste management is questioned (storage, transport, traceability) in connection with Emergency Ordinance no. 92/2021 on the waste regime.
- You face issues around environmental permits or integrated permits and compliance with permit conditions under Emergency Ordinance no. 195/2005 on environmental protection and Law no. 278/2013 on industrial emissions.
- Your group has multiple sites and responsibility is distributed across entities, contractors or subcontractors (collectors, transporters, processors).
- Authorities requested urgent delivery of registers, contracts, permits, lab reports or internal procedures, or seized documents/equipment.
- You received an inspection report referencing sampling, photos, measurements, witnesses or coordinates and you want to verify the procedure and evidence trail.
- A matter initially treated as administrative/contraventional is escalating toward criminal due to repetition, consequences or the evidentiary context.
What we do, step by step
- Fast case mapping: who is involved, what happened, when and where, which authorities are involved, and what documents already exist.
- Document preservation plan (legal hold): secure relevant registers, emails, reports and operational evidence so the factual record stays consistent.
- Compliance review against applicable rules (permits, conditions, deadlines), including OUG no. 195/2005, Law no. 278/2013 and OUG no. 92/2021.
- Strategy for inspection & investigation: controlled document production, internal communication rules, and preparation for statements and interviews under Law no. 135/2010.
- Evidence trail review: sampling chain, lab reports, photos, witness statements and how they can be challenged or clarified procedurally.
- Procedural defence with the prosecutor/police: file access requests, written submissions, evidence requests, objections and timeline management.
- For groups: coordination across entities and sites, consolidation of records, and avoidance of contradictions between teams and locations.
- Remediation & compliance measures (when relevant): operational and documentary steps that reduce ongoing risk, implemented in a way that remains consistent with the defence strategy.
- If the case goes to court: defence structure by allegations, preliminary objections, expert strategy and evidentiary hearings under Law no. 135/2010.
Documents/information useful for a first assessment
| Document | Why it matters | Notes |
|---|---|---|
| Inspection report / findings note / minutes | Shows alleged facts, dates, locations, people present, evidence referenced and measures imposed | Include annexes (photos, sketches, coordinates) and registration number |
| Environmental permit / integrated permit + conditions | Defines operating obligations and conditions that may be used in the case | Typically reviewed against OUG no. 195/2005 and Law no. 278/2013 |
| Waste records (registers, EWC codes, quantities, storage logs) | Traceability and consistency across generation, storage, transport and transfer | Key in relation to OUG no. 92/2021 |
| Contracts with collectors/transporters/processors | Clarifies operational chain and roles | Attach counterpart authorisations/registrations when available |
| Transport & handover documents (delivery notes, CMR, acceptance protocols) | Links quantities to routes, dates and counterparties | Flag gaps, mismatches and missing periods |
| Lab reports / analysis bulletins | Often central for pollution allegations and qualification | Record who sampled, when, how, and what method was used |
| Operation, maintenance and incident logs; complaints register | Supports timeline and causation analysis | Document corrective actions (who, when, what evidence) |
| Organisation chart, delegations, job descriptions, internal procedures | Clarifies roles and decision-making in the company/group | Important for entity-level exposure under Romania’s Criminal Code |
Risks and frequent mistakes
- On-the-spot statements without a verified timeline and document check, leading to later inconsistencies.
- Uncontrolled document production (partial, out of context, different versions across sites in a group).
- Confusing administrative obligations with criminal exposure, especially in waste traceability and permitting.
- Ignoring the evidentiary chain (sampling, storage, lab method, reporting) and missing procedural objections.
- Incomplete registers and gaps in traceability that authorities may interpret unfavourably under OUG no. 92/2021.
- Reactive remediation with no documentation, creating an unclear narrative for the file.
- Contradictory internal/external communications across management, operational teams and contractors.
FAQ
How do environmental criminal investigations against a company typically start in Romania?
They often begin after an inspection or referral (for example by GNM) and then proceed under the procedural rules of Law no. 135/2010 (Criminal Procedure Code).
What should we do during an inspection if there is talk of criminal liability?
Track exactly what is requested, keep copies of what you provide, use registration numbers for submissions, and set a single internal communication line; then rebuild the factual record and compliance file (waste, permits) against OUG no. 92/2021 and OUG no. 195/2005.
Can the company (legal entity) be criminally liable, not only individuals?
Depending on the facts and how the conduct relates to the company’s activity, criminal liability may be assessed at the level of the legal entity under the framework of Romania’s Criminal Code, together with the applicable special environmental rules (for example OUG no. 92/2021).
What is the difference between an administrative offence and a criminal offence in environmental matters?
It depends on the specific legal provision, intent/fault standard, consequences and evidentiary context; in practice, the same area (waste, pollution, permitting) may involve both administrative sanctions and situations treated under criminal law, especially under OUG no. 92/2021 and OUG no. 195/2005.
Why do environmental permits and integrated permits matter in a criminal file?
They set enforceable operating conditions and emission/waste obligations; alleged non-compliance may become part of the factual and legal assessment under OUG no. 195/2005 and, for covered installations, Law no. 278/2013.
How do we manage a case for a corporate group with multiple sites?
We centralise documents and the timeline per site, define a single communication workflow, and check traceability (waste, transport, handover) and permit conditions so the group’s position is consistent and verifiable against the records and the applicable framework (including OUG no. 92/2021).
Does EU law matter in environmental criminal cases?
Yes, EU rules set minimum standards for defining offences and sanctions; a key reference is Directive (EU) 2024/1203, which replaces, among others, Directive 2008/99/EC.
Contact
Relevant internal links
- Servicii avocat drept penal
- Servicii avocat contencios administrativ și urbanism
- Onorariul avocațial (ghid)
- Contact avocat
Sources
- Emergency Ordinance no. 92/2021 on the waste regime (legislatie.just.ro)
- Emergency Ordinance no. 195/2005 on environmental protection (legislatie.just.ro)
- Law no. 278/2013 on industrial emissions (legislatie.just.ro)
- Law no. 135/2010 – Criminal Procedure Code (legislatie.just.ro)
- Criminal Code (legislatie.just.ro)
- Directive (EU) 2024/1203 on protecting the environment through criminal law (EUR-Lex)
- Directive 2008/99/EC on environmental protection through criminal law (EUR-Lex)
- Garda Națională de Mediu – institutional description (gnm.ro)
- Ministry of Environment – national legislation (mmediu.ro)
- ANMAP – Agenția Națională pentru Mediu și Arii Protejate (anmap.gov.ro)