Interpretation of several issues concerning the application of law in handling cases of illegal logging and deforestation.
Three, how to apply the punishment standard stipulated in Article 152nd of the Criminal Law to the crime of illegal logging.
"Illegal felling of trees for personal use, with a huge amount" shall be convicted and punished in accordance with the provisions of Article 152 of the Criminal Law, and this crime shall still be classified as the crime of illegal felling of trees.
"Illegal felling of trees for personal use" refers to the illegal possession of illegally cut trees by individuals. The starting point of "huge amount" of illegal logging generally refers to illegal logging of 20 cubic meters to 30 cubic meters or young trees in forest areas 1 0,000-15,000, young trees in non-forest areas 10 to 20 cubic meters or 500-6,500.
Illegal felling of forest trees 100 cubic meters or more or more than 5000 young trees; Illegal felling of more than 50 cubic meters of trees or more than 2,500 young trees in non-forest areas, or equivalent to the above losses, can generally be considered as "a particularly huge amount". The huge amount is one of the main contents of "the circumstances are particularly serious".
Extended data:
Criminal law of the people's Republic of China
Article 345th the crime of illegal felling of trees; Crime of deforestation; Crime of illegal acquisition, transportation, illegal logging and deforestation. Illegal felling of 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; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.
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.
Whoever knowingly illegally purchases or transports illegally cut 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 only be fined; If the circumstances are especially serious, 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.
Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.
References:
Shangzhou District People's Congress Standing Committee-People's Republic of China (PRC) and China Criminal Law