Short answer: yes. Serious pollution is a criminal offence in China under Article 338 of the Criminal Law (the crime of polluting the environment), and the company itself can be held criminally liable — not only the manager who signed off.
What does Article 338 say?
As amended by Amendment XI to the Criminal Law (in force since March 1, 2021), Article 338 punishes anyone who, in violation of state regulations, discharges, dumps or disposes of radioactive waste, waste containing infectious pathogens, toxic substances or other harmful substances and thereby “seriously pollutes the environment”. There are three tiers:
· seriously polluting the environment — up to three years’ imprisonment or criminal detention, plus or subject to a fine;
· where circumstances are serious — three to seven years’ imprisonment, plus a fine;
· where circumstances are especially serious — seven years or more, plus a fine. That top tier covers, for example, discharges into drinking-water source protection zones, core protection areas of nature reserves, or major rivers and lakes designated by the state.
Can the company itself be prosecuted?
Yes. Under Article 346, where a “unit” (a company or other organisation) commits an offence under this section (Articles 338–345), the unit is fined, and the persons directly in charge and other directly responsible personnel are punished under the same article. In practice, prosecutors can pursue the plant, its legal representative and the environmental manager at the same time.
How is “serious pollution” defined?
The thresholds come from the 2023 Judicial Interpretation (Fa Shi [2023] No. 7, effective August 15, 2023), issued jointly by the Supreme People’s Court and the Supreme People’s Procuratorate. It lists what counts as “seriously polluting the environment” — for example, illegally discharging, dumping or disposing of hazardous waste of three tonnes or more, or repeating a violation after earlier environmental penalties.
What this means in practice
For a business, environmental compliance is not just an administrative-fine issue. Skipping a wastewater treatment step, using an unlicensed disposal contractor, or ignoring a rectification order can tip a company and its managers into criminal liability. Keep discharge records, use licensed waste contractors, and respond to regulator notices promptly.
FAQ
Q: Is polluting the environment a crime in China?
A: Yes. Article 338 of the Criminal Law makes serious pollution a criminal offence.
Q: What is the maximum sentence?
A: Seven years’ imprisonment or more, plus a fine, for especially serious cases such as discharges into protected water sources.
Q: Can a company be charged, or only individuals?
A: Both. Under Article 346 the company is fined and its responsible managers are prosecuted.
Q: What counts as “serious pollution”?
A: The 2023 Judicial Interpretation (Fa Shi [2023] No. 7) sets the thresholds, for example illegally dumping three tonnes or more of hazardous waste.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512