Practical sheet | REF: FIC0100 V1

ICPE and criminal liability

Author: Solange VIGER

Publication date: March 10, 2015 | Lire en français

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7. Frequently asked questions

Does the fact of having complied with current regulatory requirements mitigate criminal liability?

The principle is that a person who performs an act prescribed or authorized by legislative or regulatory provisions is not criminally liable.

A finding of compliance with the technical requirements and discharge thresholds laid down by the prefect under the ICPE regulations may therefore lead the criminal court to reduce the liability of the person prosecuted.

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