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Because you'd have to proof in every single case beyond any reasonable doubt, that the emmisions are the cause of the premature death, which is virtually impossible.
Statistical murder is easy to get away with.
Well, as I wrote, I am interested in the ethical side of it, not the legal fine print. It might be as you describe, or not. And certainly, in most countries you can't call somebody a murderer before that was found by a court, so I am not going to do that. I am not a lawyer, so that stuff does not really interest me.
(About the specific statistical argument, I am not so sure - for example in 2008 in China there was a scandal (or could we name that one "crime"), where the substance melamine was mixed into baby food for an infant formula, which lead to the death of childen, and in that case some people were found guilty.)
But that's a bit beneath the point. As a scientist (applied physicist), I look at this as that actions have consequences, which can when we are lucky, be described by science, and lead to conclusions beyound reasonable doubt.
We know that air pollution causes people to die, and it is possible to reasonably estimate how much deaths some amount of pollution causes. In the case of the Diesel cars, specific emissions were by a factor of fifty larger than allowed, and that was concealed because it was not legal to sell such cars. Here, we have actions that, by all what we know, killed lots of people - how should society deal with that?