03 · State & society
Offenses against natural resources
Defense and representation in offenses against the environment and natural resources.
The area
Criminal defense in environmental matters
Offenses against the environment and natural resources protect legal interests of collective concern and often involve investigations with technical and specialized expert evidence. Their handling calls for a rigorous analysis of the applicable regulations.
At TREU Abogados we provide defense to individuals and legal entities under investigation, as well as representation to victims, with strategies suited to the complexity of each case.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against natural resources, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Offenses against water resources
Polluting, drying up, or altering rivers, springs, water sources, groundwater, or other bodies of water, or discharging into the sea in a way that causes serious harm, in violation of current regulations. The maximum penalty applies if it happens in a protected area, if it is done for profit, or if it causes extensive and permanent damage.
Penalty: 3 to 5 years in prison; 5 years in aggravated cases.
Art. 251 COIP
Falsification or concealment of environmental information
Providing false information or concealing information used as the basis for environmental permits or licenses, environmental impact studies, audits, or forestry permits, causing the environmental authority to make an error. If a public official processes or approves those permits with false information, the maximum penalty applies.
Penalty: 1 to 3 years in prison; 3 years if committed by a public official.
Art. 255 COIP
Illegal mining activity
Extracting, exploiting, exploring, processing, transporting, selling, or storing minerals without authorization from the competent authority. The penalty is lower for small-scale (artisanal) mining and higher if it causes environmental damage or if the activity is part of organized crime or armed groups.
Penalty: 16 to 20 years in prison (13 to 16 for artisanal mining); 22 to 26 if it causes environmental damage, and 26 to 30 plus a fine of 1,000 to 1,500 basic salaries if linked to organized crime or armed groups.
Art. 260 COIP
Financing or supplying machinery for illegal mining
Financing or supplying, in any way, machinery, equipment, tools, or other instruments used for illegal mining, for one's own benefit or that of others.
Penalty: 3 to 5 years in prison.
Art. 261 COIP
Frequently asked questions
What clients usually ask us
Can a company be investigated for these offenses?
Yes. Legal entities may become linked to this type of investigation, which is why specialized advice is essential.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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