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If a tree is cut down without a license under any of the following circumstances, a case shall be filed for prosecution: 1. Illegal felling of more than 2 to 5 cubic meters; 2. Illegally felling 100 to 200 young trees.
[Legal basis].
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) [Cases of Illegal Logging of Trees (Paragraph 1 of Article 345 of the Criminal Law)] Where illegal logging of forests or other forests is suspected of any of the following circumstances, a case shall be filed for prosecution: (1) illegal logging of 2 to 5 cubic meters or more; (2) Illegally felling 100 to 200 or more young trees. In any of the following circumstances for the purpose of illegal occupation, it is "illegal felling of forests or other forests" as provided for in this article:
1) Cutting down forests or other forests owned by the State, collectives, others, or contracted management by others without authorization; (2) Cutting down forests or other forests contracted by the unit or by oneself without authorization; (3) Felling forests or other forest trees owned by the State, collectives, others or contracted management by others outside the locations specified in the forest felling permit.
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Hello, happy to answer for you. Article 345 of the Criminal Law: Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forests, 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. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Cases of Illegal Logging and Indiscriminate Felling" stipulates that:
In forest areas, illegal logging can generally be mastered at 2 cubic meters to 5 cubic meters or 100 to 250 young trees; In non-forest areas, illegal logging can generally be mastered at 1 cubic meter per cubic meter or 50 to 125 young trees.
Hello, happy to answer for you. Article 345 of the Criminal Law: Whoever violates the provisions of the Forest Law by indiscriminately felling forests or other forests, 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. The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Cases of Illegal Logging and Indiscriminate Felling" stipulates that:
In forest areas, illegal logging can generally be mastered at 2 cubic meters to 5 cubic meters or 100 to 250 young trees; In non-forest areas, illegal logging can generally be mastered at 1 cubic meter per cubic meter or 50 to 125 young trees.
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Legal analysis: In case of illegal felling of trees, the competent forestry department of the people's ** at or above the county level shall order the replanting of trees between one and five times the number of illegally felled trees in the same place or in another place within a time limit, and impose a fine of not less than five times but not more than ten times the value of the illegally felled trees. Indiscriminately felling trees, by the people's forestry authorities at or above the county level shall order the replanting of trees in situ or other places within a time limit of one time but not more than three times the number of trees felled, and may be fined not less than three times but not more than five times the value of indiscriminately felled trees.
Legal basis: Forest Law of the People's Republic of China Civil Law
Article 70 If the competent authorities of forestry or other relevant State organs at or above the county level fail to perform their duties in accordance with the provisions of this Law, the person in charge who is directly responsible and other persons who are directly responsible shall be punished according to law. Shi Yunhu.
Where an administrative punishment decision should be made in accordance with the provisions of this Law but is not made, the competent department at the level above has the right to order the competent department at the level below to make an administrative punishment decision or directly give an administrative punishment.
Article 71: Whoever violates the provisions of this Law by infringing upon the lawful rights and interests of the owners or users of forests, woods, or quiet forest land, shall bear tort liability in accordance with law.
Article 72 In violation of the provisions of this Law, State-owned forestry enterprises and institutions fail to perform their obligations to protect and cultivate forest resources, fail to prepare forest management plans or fail to carry out forest management activities in accordance with the approved forest management plans, the competent forestry departments of the people's governments at or above the county level shall order corrections within a time limit, and the directly responsible managers and other directly responsible personnel shall be punished according to law.
Article 73 Whoever, in violation of the provisions of this Law, changes the use of forest land without the approval of the people's forest owners at or above the county level, and the competent forestry department of the people's forest at or above the county level shall order the restoration of vegetation and forestry production conditions within a time limit, and may impose a fine of not more than three times the cost of restoring vegetation and forestry production conditions.
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Summary. Hello dear, glad to answer your <>
where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, 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.
How to criminalize the felling of ecological forests.
Hello dear, very early judgment is happy to answer for you <>
where the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine. where the amount is huge, the sentence is to be 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.
According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Trial of Criminal Cases of Destruction of Forest Resources and the Specific Application of Law in the Clearing", "the number is relatively large", starting from 2 to 5 cubic meters or 100 to 200 young trees, starting from 20 to 50 cubic meters or 1,000 to 2,000 young trees, "the number is particularly huge", and starting from 100 to 200 cubic meters or 5,000 to 10,000 young trees.
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Summary. Legal basis: Article 345 of the Criminal Law of the People's Republic of China Whoever illegally logs down forests or other forests, in relatively large quantities, 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.
Hello, how to convict the felling of ecological forests is as follows: illegal felling of forests or other forests, the amount of which is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and/or a fine; where the amount is huge and swift, the sentence is to be between three and seven acres of fixed-term imprisonment and a concurrent fine; where the deficit is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given.
Legal basis: Article 345 of the Criminal Law of the People's Republic of China Illegal felling of forest bureaus or other forest trees in relatively large quantities 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.
China's standards for filing a case for the crime of indiscriminate felling of trees include: indiscriminate felling of trees or other trees, with a starting point of 10 cubic meters to 20 cubic meters of vertical beams or 500 to 1,000 young trees; Indiscriminate felling of more than 50 cubic meters of trees or more than 2,500 young trees is a major case; Indiscriminate felling of more than 100 cubic meters of trees or more than 5,000 saplings is a particularly serious case.
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Cutting down 40 trees without permission may constitute a crime and will be punished by the court. Illegal felling of forests or other forest trees, in relatively large quantities, is to be sentenced to up to three years imprisonment, 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. 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.
If the illegal felling of forests or other forest trees is less than cubic meters or less than 20 young trees in terms of standing timber volume, the competent forestry department of the people's ** at or above the county level shall order the replanting of 10 times the number of illegally felled trees, confiscate the illegally felled trees or sell the proceeds, and impose a fine of 3 to 5 times the value of the illegally felled trees. Article 345, paragraph 2 of the Criminal Law violates the provisions of the Forest Law by indiscriminately felling forests or other trees, and the quantity is relatively large, shall be sentenced to up to three years imprisonment, 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. Article 345, Paragraph 4 Anyone who illegally logs or indiscriminately logs down forests or other trees in national nature reserves shall be punished heavily.
II. What are the criteria for filing a case for the crime of illegal logging of trees, and in any of the following circumstances, where the amount is relatively large, it is to be convicted and punished as the crime of illegal logging in accordance with the provisions of the first paragraph of article 345 of the Criminal Law: 1. Cutting down forests or other forests owned by the state, collectives, others, or contracted management by others without authorization; 2. Cutting down forests or other forests contracted by the unit or by oneself without authorization; 3. Felling forests or other forests owned by the state, collectives, others or contracted management by others outside the locations specified in the forest felling permit. Indiscriminate felling of trees is "large", starting with 10 to 20 cubic meters or 500 to 1,000 young trees; The "huge number" of deforestation starts with 50 to 100 cubic meters or 2,500 to 5,000 young trees.
The above is Hualu.com's answer to "how to sentence 40 trees cut down without permission", we can understand that illegal felling of forests or other trees, the larger number is sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, 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. If you have any other questions, Hualu.com also provides professional lawyer** consulting services, and you are welcome to consult again for legal advice.
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