Notice of the State Forestry Administration and the Ministry of Public Security on the jurisdiction and filing standards of forest and terrestrial wildlife criminal cases
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Criteria for filing criminal cases of forest and terrestrial wildlife
(1) Illegal felling of trees
Illegal felling of forests or other trees, the starting point for filing a case is 2 cubic meters to 5 cubic meters or young trees 100 to 200; Illegal felling of 20 cubic meters to 50 cubic meters of trees or young trees 1000 to 2000 plants is the starting point for filing major cases; Illegal felling of trees 100 cubic meters to 200 cubic meters or 5000 young trees 10000 trees is the starting point for filing particularly serious cases.
(2) Deforestation
Deforestation of forests or other trees, the starting point for filing a case is 10 cubic meter to 20 cubic meters or 500 young trees to 1000 trees; Deforestation of more than 50 cubic meters of trees or more than 2500 young trees is a major case; Deforestation of more than 65,438,000 cubic meters of trees or more than 5,000 young trees is a particularly serious case.
(three) cases of illegal acquisition of illegal logging and deforestation.
For the purpose of making profits, illegally purchasing more than 20 cubic meters of trees or young trees 1000 plants in the forest area that are known to be illegal logging and deforestation, and illegally purchasing more than 2 cubic meters or more than 5 plants in precious trees that are illegal logging and deforestation, shall be put on file; Illegal acquisition of trees 100 cubic meters or more than 5,000 saplings, and illegal acquisition of trees 10 or more in precious trees for illegal logging and deforestation are major cases; Illegal acquisition of more than 200 cubic meters of trees or young trees 1000 or more, illegal acquisition of precious trees 10 cubic meters or illegal logging or deforestation of more than 20 trees are particularly serious cases.
(4) The case of illegal logging and destruction of precious trees.
Illegal logging and destruction of precious trees shall be put on file; Cutting down 2 plants in precious trees, more than 2 cubic meters, or destroying precious trees, causing more than 3 deaths, is a major case; Cutting precious trees 10 plants, or destroying precious trees, resulting in the death of more than 15 plants, is a particularly serious case.
(5) The case of smuggling rare plants and rare plant products.
Smuggling rare plants and rare plant products prohibited by the state shall be put on file; Smuggling more than 2 kinds of rare plants and rare plant products worth more than 20 thousand yuan is a major case; Smuggling more than 0/0 rare plants/kloc-0 rare plant products worth more than 65,438+10,000 yuan is a particularly serious case.
(6) Arson case
Those who deliberately set fire to forests or other forest fires shall file a case; Burning forest land area of more than 2 hectares is a major case; Woodland area 10 hectare or more, or causing serious injuries or deaths, is a particularly serious case.
(7) Fire cases
If a forest fire is caused by a fire, and the forest land area is more than 2 hectares, or serious injuries or deaths are caused, a case shall be filed; Woodland area 10 hectares or more, or more than 5 people were killed or seriously injured, which is a major case; Woodland area of more than 50 hectares, or more than 2 people died, is a particularly serious case.
(eight) cases of illegal hunting and killing of rare and endangered terrestrial wild animals under special state protection.
Illegal hunting and killing of rare and endangered terrestrial wild animals under special state protection shall be put on file. Major cases and particularly major cases are detailed in the attached table.
(nine) the case of illegal acquisition, transportation and sale of precious and endangered terrestrial wildlife and precious and endangered terrestrial wildlife products.
Illegal acquisition, transportation and sale of rare and endangered terrestrial wild animals under special state protection shall be put on file, and the filing standards for major cases and particularly major cases are shown in the attached table.
Illegal acquisition, transportation and sale of rare and endangered terrestrial wildlife products under special state protection shall be put on file; The value of the goods is more than 654.38+10,000 yuan or the illegal profit is more than 50,000 yuan, which is a major case; The product value is more than 200,000 yuan or the illegal profit is more than 654.38+10,000 yuan, which is a particularly serious case.
(10) Illegal hunting case
In violation of hunting laws and regulations, hunting in a game reserve, a game ban period or using prohibited tools and methods shall be put on file under any of the following circumstances:
1, illegally hunting more than 20 terrestrial wild animals;
2. Hunting with prohibited tools and methods in the game reserve or during the game ban;
3. Other acts that seriously damage wildlife resources.
Violation of hunting laws and regulations, illegal hunting of more than 50 terrestrial wild animals in a game reserve, a game ban period or using prohibited tools and methods, if the circumstances are serious; Illegal hunting and catching of more than 65,438,000 terrestrial wild animals or other vile circumstances is a particularly serious case.
(eleven) smuggling precious animals and precious animal products.
Smuggling land wildlife under special state protection and its products and appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be put on file; Major cases and particularly major cases of smuggling terrestrial wildlife under special state protection shall be implemented in accordance with the standards in the attached table.
Smuggling terrestrial wildlife products under special state protection and appendices 1 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora with a value of more than 65,438+10,000 yuan shall be established as a major case; Smuggling terrestrial wildlife products under special state protection and appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, with a value of more than 200,000 yuan, is a particularly serious case.
(12) Cases of theft, snatch, robbery, concealment, transfer, purchase, sale of stolen goods, sabotage of production and operation, mob looting, illegal operation, forgery or alteration of official documents and certificates of state organs shall be subject to corresponding filing standards.
The above is the relevant knowledge compiled by Bian Xiao for everyone. If you have more questions, you can consult a professional lawyer or directly entrust a lawyer to help you get out of legal difficulties.
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