ICPE and criminal liability

You operate an ICPE. You are wondering about the penal qualification of malfunctions that may occur.

• What criminal offenses are involved in operating an ICPE?

• What sentences can be handed down? Under what conditions?

In addition to the administrative sanctions imposed by the authorities when the operation of an ICPE does not comply with current regulations, criminal proceedings may result in the imposition of penal sanctions, i.e. fines and/or imprisonment.

Administrative and criminal penalties can therefore be combined for identical acts:

• The first are issued by the Administration.

• The latter are handed down by the criminal courts.

It is important to identify :

• the players involved in enforcing criminal liability ;

• the stages in the procedure leading to the operator's criminal liability;

• cases in which the operator may be held criminally liable;

• penalties incurred by the operator in terms of criminal liability.