Indiscriminate felling of trees can be punished more or less

In forest areas, indiscriminate logging can generally be controlled at 10-20 cubic meters or 500-1200 young trees. In non-forest areas, indiscriminate logging can generally be controlled at 5-10 cubic meters, or 250-600 young trees, or equivalent to the above-mentioned losses. Specifically, please refer to the Interpretation of Several Issues Concerning the Application of Law in Handling Cases of Illegal and Indiscriminate Logging.

1. The concept of the crime of deforestation. The crime of indiscriminate felling of trees refers to the act of violating the provisions of the Forest Law by arbitrarily felling the forests or other trees owned or managed by the unit in violation of the location, quantity, species and method specified in the felling permit, as well as the forests or other forests on the mountains left by oneself, in relatively large quantities. This is a criminal act of destroying the country's forestry resources, which is seriously harmful to the development of the national economy and the natural ecological balance.

2. Relevant provisions on indiscriminate deforestation.

1. Provisions on criminal responsibility: Article 345 of the Criminal Law: Paragraph 2 Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, the sentence is between three and seven years imprisonment and a concurrent fine.

2. Provisions for administrative punishment that have not yet reached the standard for committing a crime.

Article 39 of the Forest Law: Anyone who illegally logs down forests or other forests shall compensate for losses according to law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees.

3. Judicial interpretations.

A large number of trees is an element of the crime of deforestation. According to the Interpretation of Several Issues Concerning the Application of Law in Handling Cases of Illegal Logging and Indiscriminate Felling, the starting point for a large number of trees is generally 10 cubic meters to 20 cubic meters or 500 to 1,200 young trees in forest areas. In non-forest areas, indiscriminate logging can generally be controlled at 5-10 cubic meters, or 250-600 young trees, or equivalent to the above-mentioned losses.

In any of the following circumstances, the indiscriminate felling of trees shall be convicted and sentenced in accordance with the standards specified above: (1) the leader organizing, planning, or inciting the indiscriminate felling of trees, or destroying a very large area of vegetation, resulting in the loss of forest resources; (2) Indiscriminate felling of shelter forests, economic forests, and special-purpose forests; (3) Consistently indiscriminate logging or repeated refusal to change; (4) Cutting down trees indiscriminately and not listening to dissuasion, or threatening forest rangers; (5) Other serious circumstances of indiscriminate logging, such as indiscriminate felling of rare trees. If the indiscriminate felling of trees does not reach a large number, it does not constitute a crime and is a general illegal act.

According to article 39 of the Forestry Law, the competent forestry authority shall order the replanting of trees five times the number of trees that have been cut down indiscriminately, and impose a fine of 2 to 5 times the amount of illegal gains.

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Summary. Hello, glad to answer for you. The sentence for the number of meters of timber is as follows: illegal felling of 2 to 5 cubic meters of forest or 100 to 200 young trees constitutes the crime of illegal logging, and indiscriminate felling of 10 to 20 cubic meters of forest trees or 500 to 1,000 young trees constitutes the crime of indiscriminate felling of trees.

Hello, glad to answer for you. The sentence for the number of meters of timber is as follows: illegal felling of 2 to 5 cubic meters of forest or 100 to 200 young trees constitutes the crime of illegal logging, and indiscriminate felling of 10 to 20 cubic meters of forest trees or 500 to 1,000 young trees constitutes the crime of indiscriminate felling of trees.

The hall is wide.

According to Article 345 of the Criminal Law of the People's Republic of China, illegal felling of forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the number chain is huge, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is especially huge, the sentence is to be 7 or more years imprisonment and a concurrent fine.

Felling of trees in the following circumstances will be punished: illegal felling of forests or other trees of 2 to 5 cubic meters or more; Illegal felling of 100 to 200 or more young trees; Indiscriminate felling of forests or other forests of 10 to 20 cubic meters or more; or indiscriminately cut down 500 to 1,000 young trees.

Article 72 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 (1) Where illegal felling of forests or other forests is suspected of any of the following circumstances, a case shall be filed for prosecution: (1) illegal felling of 2 to 5 cubic meters or more; (2) Illegally felling 100 to 200 or more young trees. Article 73 of the "Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1)" Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and is suspected of any of the following circumstances, shall be filed for prosecution:

1) Indiscriminate felling of more than 10 to 20 cubic meters; (2) Indiscriminately felling 500 to 1,000 or more young trees.

In the sub-rules of law and punishment, there are two crimes of felling trees: the crime of indiscriminate felling of trees and the crime of illegal logging, simply put, the crime of indiscriminate felling of trees belonging to one's own management without administrative permission or beyond the scope of administrative permission, and the crime of illegal logging of trees is the act of cutting down trees owned by others for the purpose of stealing. In the case you mentioned, because the felled trees belong to the employer's purchase of timber contracted by others, it can only constitute the crime of indiscriminate logging, and it is impossible to establish the crime of illegal logging.

The second point is the analysis of the crime of reputation and transportation. China adopts the theory of four elements for the composition of a crime, that is, subjectivity, objectivity, subject, and object can only be convicted if the four elements meet the requirements of the law. To put it simply, you must know clearly that the employer does not have a logging permit and helps the employer to harvest all the trees it owns, and if the quantity is large, it may constitute the crime of deforestation.

According to the judicial interpretation of Xiangshan Xuqueguan, a large number refers to a starting point of 10 to 20 cubic meters or 500 to 1,000 young trees. However, we can have an entry point, which is the subjective aspect, if you do not know that the employer does not have a logging permit or cannot presume that the employer must not have a logging permit, then the crime of deforestation cannot be established, and of course there is no question of accomplice, and generally speaking, you will not be convicted.

Article 345 of the Criminal Law: Whoever illegally logs down forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, the sentence is between three and seven years imprisonment and a concurrent fine. where the amount is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given. Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the amount is huge, the sentence is between three and seven years imprisonment and a concurrent fine. Illegally purchasing or transporting trees that are clearly known to be illegally or indiscriminately felled, and the circumstances are serious, are to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Those who illegally or indiscriminately cut down forests or other trees in national nature reserves shall be given heavier punishments.

According to Article 32 of China's Forest Law, a felling permit must be applied for for felling trees, and felling shall be carried out in accordance with the provisions of the permit; Except for the felling of sporadic trees owned by rural residents on their own land and in front of and behind their houses.

According to Article 344 of the Criminal Law of the People's Republic of China, whoever violates national regulations by illegally felling or destroying precious trees or other plants under key national protection, or illegally purchasing, transporting, processing, or purchasing precious trees or other plants under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and shall also be fined; where the circumstances are serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Depending on the number of trees you cut down, there are also corresponding fines in our country's law. Article 39 of the Forest Law stipulates that anyone who illegally logs down forests or other forests shall compensate for losses in accordance with law; The competent forestry department shall order the replanting of illegally felled trees dozens of times, confiscate the illegally felled trees or the proceeds from the sale, and impose a fine of not less than three times but not more than ten times the value of the illegally felled trees. In the case of indiscriminate felling of forests or other forest trees, the competent forestry department shall order the replanting of trees five times the number of trees that have been indiscriminately felled, and impose a fine of not less than two times but not more than five times the value of the indiscriminately felled trees.