A farmer in Shandong was sentenced to two years in prison for cutting down his own poplar. Li was even happier when he heard that he was looking forward to waiting for the sapling to grow into a big tree. Uncle Li planned to cut down hundreds of trees, sold them for money, and asked a group of young people to help him cut them down. It happened that these young people also have no legal consciousness. Knowing that uncle didn't get a cutting license, he still cut down trees with him.
Poplar trees have fallen, and Li seems to see gold and silver waving to him in the distance. Busy for several days, finally cut down more than 700 poplar trees. According to the investigation afterwards, I counted the stumpage 137.2 cubic meters.
It should be emphasized that the forest land or private plots contracted by units or individuals does not mean that they can be cut at will without the approval of relevant departments and cutting licenses.
Li sold these trees for 30 thousand yuan. When he was counting money with joy, the police received a report and learned that cutting down trees was suspected of committing a crime. He lost his money by operating without a license. Li and several people who directly helped cut down trees voluntarily surrendered themselves. Others have also been informed of this case. In the face of interrogation by the public security organs, several people truthfully confessed the fact of illegal logging without a license, and Li returned 30,000 yuan.
Now that the criminal case is filed, it will face trial. After trial by the court, Li and others violated the provisions of the Forest Law and cut down all the trees of Li without obtaining a tree cutting license, and the amount reached a huge amount, which constituted the crime of deforestation. Li was sentenced to 2 years in prison, suspended for 2 years, and fined 6,543,800 yuan. The other four defendants were sentenced to fixed-term imprisonment ranging from six months to one year, suspended for one year.
What are the reasons why farmers were sentenced? What is the crime of "deforestation" in criminal law, and how to convict and sentence it? Citing the second paragraph of Article 345th of the Criminal Law:
Whoever, in violation of the provisions of the Forest Law, wantonly cuts down forests or other trees in huge quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the number is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
According to Article 73 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, illegal logging of forests or other trees, or illegal logging of 10 to 20 cubic meters or more, or illegal logging of 500 to 1000 young trees or more shall be filed for prosecution.
"Deforestation of forests or other trees" as stipulated here includes those who have not obtained the forest cutting license according to the regulations, except for the sporadic trees owned by individuals in the private plots and in front of the houses by rural residents.
In the above case, although the poplar felled by Li belongs to him personally, he has not obtained the necessary license, and the number of poplar felled is obviously "exceeding the standard", which has exceeded 10 to 20 cubic meters, which meets the constitutive requirements of the crime of deforestation. Many people may not be familiar with forest law. According to Article 56 of the Forest Law:
Rural residents do not need to apply for a cutting license to cut scattered trees owned by individuals on private plots and in front of and behind houses.
However, the felling of trees on the forest land shall apply for a cutting license, and the logging shall be carried out in strict accordance with the provisions of the license. If it is illegal to cut down trees, you may be fined and may be investigated for criminal responsibility. Just like Li, just because you have obtained a cutting license according to the regulations does not mean that you can cut down trees at will, and you must cut them in strict accordance with the time, quantity, type and method stipulated in the license.
Anyone who, in violation of regulations, cuts down his own forest or other trees without authorization is also suspected of deforestation. Of course, he must not cut down other people's forests or other trees in excess of the specified number.
In addition, if the perpetrator dares to cut down forests or other trees in the national nature reserve, the circumstances are more serious and should be severely punished according to law.
It can be seen that even the trees planted by ourselves have the right to possess, use, benefit and dispose of them. You can cut it according to laws and regulations, and you can't "cut as much as you want." In judicial practice cases, some people really don't know that deforestation at will may be suspected of committing a crime because of their limited educational level. Their subjective malicious crimes will naturally be taken into account when sentencing.