The role of criminal law in preventing and reducing chemical hazards

Abstract

This paper describes the role of the criminal sanction in preventing and re ducing chemical hazards, against the backdrop of several serious accidents that have occurred in the last decade and that have taken a heavy toll in terms of human life and health. The criminal sanction can be found in the core criminal law of countries as well as in regulatory law specifically applying to the chemi cal industry from the production to distribution, transportation and disposal phases. Only a few countries have special provisions in their criminal or penal codes, or equivalent laws, these being the Federal Republic of Germany, Aus tria, Hungary, Japan and, most recently, Mexico. In these codes a special crime is enacted for endangering life and environment by means of dangerous activ ities involving gross disregard for the lives or safety of others or for the envi ronment. Regulatory laws of several countries, including the United States of America and Canada, provide equivalent provisions in the narrow band of cases which involve gross violations of the legal provisions. While criminal sanction conveys society's message that egregious behaviour will not be tolerated and while it has a great moral and educative role to play, it has limits. It cannot internalize responsibility, the duty of care owed by a person in charge of an activity to fellow human beings and the environment. The law requires the aid of other disciplines, of morals and ethics, safety culture and even plain human experience.