Criminal Law Interpretation:
The first paragraph of this article is about the crime of illegal logging of forests or other forest trees and its criminal penalties. "Illegal logging of forests or other trees" refers to those who commit one of the following acts for the purpose of illegal possession: (1) logging forests or other trees owned by the state, collectively owned, owned by others or contracted by others without authorization; (2) without authorization Logging forests or other trees managed by the unit or contracted by the individual; (3) Logging forests and other trees owned by the state, collectively owned, owned by others or contracted by others outside the location specified in the forest felling license. "Forest" refers to the entire forest with a certain area, including arbor forests or bamboo forests, which can be divided into five categories: protective forest, timber forest, economic forest, fuel forest and special purpose forest. "Other trees" refers to other trees and bamboo. This paragraph
The second paragraph of this article is about the crime of deforestation or other forest trees and its criminal punishment. "Indiscriminate deforestation or other forest trees" refers to behavior that violates the Forest Law and its laws and regulations related to forest protection and falls under any of the following circumstances: (1) Without the approval of the forestry administrative department and other competent departments specified by law , issue a forest felling license, or violate the time, quantity, tree species, and methods stipulated in the forest felling license, and cut forests or other trees owned by the unit or individual without authorization. (2) Harvesting other people’s forests or other trees exceeding the quantity specified in the forest logging license. (3) Before the forest ownership is confirmed, one party to the forest rights dispute cuts down the forest or other trees without authorization. Whether the harvesting method and harvesting amount are appropriate is directly related to the rational utilization of forest resources and forest reproduction. In order to ensure the sustainable use of forest resources, planned harvesting and utilization must be carried out to ensure that forest consumption does not exceed growth. Therefore, in order to prevent and stop deforestation, we must adopt the principle of restricting logging and a system of issuing logging licenses. This section provides for two penalties for the offense of cutting down forests or other trees. If the quantity is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined. "Large quantities" means starting from 10 to 20 cubic meters or 500 to 1,000 saplings. If the quantity is huge, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. "Large quantities" means starting from 50 to 100 cubic meters or 2,500 to 5,000 saplings.
The third paragraph of this article is about the illegal purchase and transportation of forest trees that are knowingly illegally logged or indiscriminately logged, and the criminal penalties therefor. Illegal acquisition of forest trees that are known to be illegal and indiscriminate logging is actually an act of selling stolen goods for the purpose of committing the crime of illegal and indiscriminate logging. Therefore, strengthening the management of timber acquisition is one of the effective ways to prevent illegal logging and illegal logging crimes. According to relevant national regulations, any unit or individual is strictly prohibited from purchasing timber harvested without a license. In practice, some people who illegally purchase illegally logged and indiscriminately logged trees resort to letting others illegally transport large quantities of forest trees out of the forest area to evade legal sanctions. Because those found in forest areas are those engaged in illegal transportation, not illegal purchasers. If the illegal transportation link is not blocked, it will be difficult to prohibit illegal logging, indiscriminate forest felling and illegal purchase. The "Forest Law" stipulates: "To transport timber from forest areas, you must hold a transportation certificate issued by the forestry department, except for timber uniformly allocated by the state." "After obtaining a logging license in accordance with the law, the timber harvested in accordance with the license regulations must be transported out of the forest. The forestry department shall issue a transportation certificate when the area is in a zone. "Illegal purchase and transportation of forest trees that are known to be illegal and indiscriminate logging" refers to purchasing and transporting trees without a license and knowing that they are illegal and indiscriminate logging in accordance with relevant regulations. The behavior of forest trees. "Know" means to know or should know.
Anyone who has one of the following circumstances can be deemed as someone who should have known, except where there is evidence to prove that he has been obviously deceived: (1) purchasing timber at an illegal timber trading place or sales unit; (2) purchasing timber and selling it at a price that is significantly lower than the market price Timber; (3) Acquisition of timber sold in violation of regulations; (4) Timber transportation in forest areas. This section provides for two levels of penalties for the above-mentioned offences. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely with a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined. According to the judicial interpretation, "serious circumstances" mainly include the following situations: (1) illegally purchasing more than 20 cubic meters of illegally logged or indiscriminately logged trees or more than 1,000 saplings; (2) illegally purchasing two cubic meters of illegally logged and precious trees More than 5 meters or more or more than five plants; (3) Other serious circumstances. "Particularly serious circumstances" mainly include the following situations: (1) illegally purchasing more than 100 cubic meters of illegally or indiscriminately logged forest trees or more than 5,000 saplings; (2) illegally purchasing more than 5,000 cubic meters of illegally or indiscriminately logged precious trees; More than cubic meters or more than ten plants; (3) Other particularly serious circumstances.
The fourth paragraph of this article is about illegal logging or indiscriminate logging of forests or other trees in national nature reserves and its criminal penalties. "National nature reserves" refer to nature reserves that are of typical significance at home and abroad, have significant international influence in science or have special scientific research value, and have been confirmed by the competent national authorities. "Whoever illegally logs forests or other trees in national nature reserves shall be severely punished" means whoever illegally logs forests or other trees in national nature reserves shall be severely punished in accordance with the provisions of paragraph 1 of this article; indiscriminate logging in national nature reserves Forests or other trees in the area shall be severely punished in accordance with the provisions of paragraph 2 of this article.
The special circumstances of conviction and punishment for the crime of deforestation are as follows:
1. Violation of the provisions of the Forest Law, any of the following circumstances, if the number is relatively large, shall be punished as the crime of deforestation : (1) Without the approval of the forestry administrative department and other competent departments stipulated by law, or holding a forest felling license, but violating the time, quantity, tree species, and methods specified in the forest harvesting license, arbitrarily cutting down the property of the unit or individual (2) The logging of forests or other trees exceeds the limit specified in the forest logging license. Before the ownership of the forest trees is confirmed, if the party to the dispute cuts down the forest or other trees without authorization, and the quantity is relatively large, it will be punished as a crime of indiscriminate logging.
2. For those who cut down a small number of trees multiple times within a year without being punished, and if the cumulative number of felled trees reaches the standard for the crime of indiscriminate deforestation, they will be investigated for criminal liability according to the crime of indiscriminate deforestation.
3. The number of illegal logging crimes is close to that of illegal logging, and if one of the following circumstances occurs, he will be convicted and sentenced according to the crime of illegal logging: (1) Taking the lead in organizing, planning, and inciting illegal logging, or destroying large areas of vegetation, Causing loss of forest resources; (2) logging protective forests, economic forests and special-purpose forests; (3) continuing to deforestation or irreparable; (4) refusing to listen to dissuasion or threatening forest rangers; (5) other deforestation The circumstances are serious.
4. Anyone who indiscriminately cuts down precious trees and violates Articles 344 and 345 of the Criminal Law shall be convicted and punished in accordance with the provisions of heavier penalties.
5. In the process of illegal logging, if the forest ranger or other relevant personnel is injured or illegally detained, which constitutes the crime of illegal logging and constitutes the crime of intentional injury and illegal detention, he shall be punished for several crimes in accordance with the law.
6. For the purpose of purchasing wood, wood products, etc., inciting others to cut down trees indiscriminately, which constitutes a crime, shall be investigated for criminal liability according to the instigator, that is, inciting a person with criminal responsibility to cut down trees indiscriminately, which constitutes a crime. , be convicted of the crime of deforestation and punished according to the role he played in the same crime.
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Legal basis
Article 345 of the "Criminal Law" on the definition and sentencing of the crime of illegal logging; the crime of deforestation; the crime of illegal logging and indiscriminate logging
Article 345 Whoever illegally 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 solely be fined; if the quantity is huge, he shall be sentenced to not less than three years but not more than seven years. Fixed-term imprisonment and a fine; if the amount is particularly huge, the offender shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined.
Whoever violates the provisions of the Forest Law and 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 solely be fined; if the quantity is huge, he shall be sentenced to not less than three years in prison A prison term of not more than seven years and a fine.
Whoever knowingly purchases or transports illegally harvested forest trees, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the circumstances are particularly serious, he shall be sentenced to more than three years A prison term of not more than seven years and a fine.
Those who illegally or indiscriminately cut down forests or other trees in national nature reserves will be severely punished.