Is it possible to pull out a small tree to reach criminal detention?

Uprooting a small tree does not reach administrative detention. Because, one, this small tree is definitely not a national first-class protected plant, if it is a first-class protected plant, it is illegal for people to plant it, and they should be punished. Second, people can plant it without violating the law, and although pulling it out is harming other people's property and is a minor offense, it does not reach the level of detention.

Third, uprooting a small tree planted by someone is a mistake and is deliberate, this behavior must and must be punished, and the way to deal with it can be: Apologize to others. If it can't be planted, you must find a tree of the same size to plant it. to compensate for the loss of others. to ensure that no more damage is done to anyone's property.

Remember: don't do evil for the lesser of things. Although you are a small mistake, it shows that there is something wrong with your moral character, and you should reflect on it.

Uprooting a small tree does not reach the level of detention, but carries a fine and ideological education.

Administrative detention and criminal detention are two different things, please be clear.

There is also the concept of administrative detention, which is based on the written record of the penalty you receive.

Uprooting a small tree, involves:

1. Behavioral motivation.

2. The implementation process of the act itself.

3. Case value. 4. Other impacts.

Please refer to the written determination for details.

Or consult a professional lawyer.

Generally, it is fine, and education is the mainstay.

This situation does not meet the criteria for administrative detention.

Look at what kind of sapling, if it is a national protected plant, it will reach criminal detention.

It depends on what kind of tree is uprooted, and whether it is rare and protected!

Legal Analysis: Cutting down several trees is punishable by detention, depending on the ownership of the tree being cut. If it is not your tree, it may constitute the crime of illegal logging, and a case can be filed for 2 to 5 cubic meters or 100 to 200 young trees; If the ownership of the trees belongs to you, but the provisions of the forest law are violated, the forest or other trees are cut down indiscriminately, 10 to 20 cubic meters or 500 to 1,000 young trees can be filed.

Legal basis: Article 345 of the Criminal Law of the People's Republic of China [Crime of Illegal Felling of Trees] stipulates: Whoever illegally logs down 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; where the amount is especially huge, a sentence of seven or more years imprisonment and a concurrent fine is to be given.

Crime of indiscriminate felling of forests] Violating 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources stipulates that the "large quantity" of illegal felling of trees shall start with 2 to 5 cubic meters or 100 to 200 young trees; The "huge quantities" of illegal logging start from 20 to 50 cubic metres or 1,000 to 2,000 young trees; The number of illegal logging is "particularly huge", starting with 100 to 200 cubic metres or 5,000 to 10,000 young trees.

Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Forest Resources stipulates that the indiscriminate felling of trees is "relatively large", starting with 10 to 20 cubic meters or 500 to 1,000 young trees; The "enormous" volume of deforestation starts with 50 to 100 cubic metres or 2,500 to 5,000 young trees.

Legal analysis: cutting down a few trees is enough for detention, which depends on the ownership of the cut trees. The crime of indiscriminate felling of trees refers to the act of violating the Forest Law and other laws and regulations on the protection of forests, without the approval and issuance of a felling permit by the competent forestry administrative department and other competent departments prescribed by law, or arbitrarily felling the forest or other forest trees owned or managed by the unit in violation of the location, quantity, species and method specified in the felling permit although holding a felling permit, as well as the forest or other forest trees on the mountain left by oneself, and the circumstances are serious.

Legal basis: Article 39 of the Forest Law: Illegal felling of 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.

Where illegal felling or indiscriminate felling of forests or other trees constitutes a crime, criminal responsibility shall be pursued in accordance with law.

Hello, your actions are to be characterized by the variety and value of the tree species being cut down. If it is an ordinary tree and it is of little value, then your behavior is a violation of the Public Security Administration Punishment Law, and you face up to 15 days of detention. If the value of the tree is large, then it may be suspected of intentional destruction of property, and you will face criminal detention, which will be relatively long, and you will have to be detained in a detention center.

There are two alleged crimes related to the felling of trees: illegal logging (cutting down trees owned by others or collectives) and indiscriminate logging (cutting down trees owned or purchased by oneself without obtaining a forest harvesting permit).

Criteria for filing criminal cases: 2-5 cubic meters of illegal logging and 10-20 cubic meters of indiscriminate logging, depending on the provinces.

Illegal logging and indiscriminate felling of trees do not fall within the scope of the "Public Security Administration Punishment Law", but in practice, many illegal logging behaviors are defined as theft (the standard for filing a criminal case in Hunan Province is 1,000 yuan) and does not meet the standard as a public security punishment for theft, so as to carry out administrative detention (that is, commonly known as public security detention) punishment.

Legal analysis: Cutting down a few holes and touching trees is enough to detain, which is based on the ownership of the cut trees. Felling 1,000-1,500 trees is a crime and a punishable crime.

illegal logging of forests for their own use, and the amount of money is huge", shall be sentenced in accordance with the provisions of the relevant laws, and the crime shall still be defined as the crime of illegal logging.

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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given;

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.

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Legal analysis: Cutting down several trees is an intentional destruction of public or private property, and is to be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Legal basis: Article 49 of the "Public Security Administration Punishment Law of the People's Republic of China" Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may be concurrently fined up to 500 yuan; where the circumstances are more serious, they are to be detained for between 10 and 15 days, and may be concurrently fined up to 1,000 RMB.

Wu Sun will not be detained if the perpetrator of the tree is cut down, and rural residents do not need to apply for a felling permit to harvest the scattered trees owned by themselves on their own land and in front of and behind their houses.

Therefore, it is not an illegal act and does not need to bear administrative responsibility. Cutting down a tree in someone else's house is generally not detained, which is generally a civil dispute, but if the other party reports to the police and cannot mediate, the person who cuts the tree may be detained, because this is an act of intentional destruction of other people's property.

If the amount of money to be cut down is of greater value, the person who cuts the tree will be criminally detained, because the crime of intentional destruction of property has already been constituted.

Detention, means detention, detention. Generally, there are three types of detention, namely criminal detention, administrative detention and civil detention. Among them, criminal detention is a compulsory measure in criminal proceedings; Administrative detention is an administrative punishment for public security; Civil detention is a judicial-administrative treatment and is a compulsory measure in civil proceedings.

The application of criminal detention is based on the Code of Criminal Procedure and the Regulations on Arrest and Detention; The application of administrative detention is based on the Law of the People's Republic of China on Public Security Administration Punishments; The application of civil detention is based on the Code of Civil Procedure.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 6: The people's courts exercise the power to adjudicate civil cases.

The people's courts are to independently adjudicate civil cases in accordance with the provisions of law, and are not to be interfered with by administrative organs, social groups, or individuals.

Article 7: People's courts hearing civil cases must have the facts as their basis and the law as their measure.

Article 8: Parties to civil litigation have equal procedural rights. People's courts hearing civil cases shall safeguard and facilitate the parties' exercise of procedural rights, and treat all parties equally in the application of law.

Article 9: People's courts hearing civil cases shall conduct mediation on the basis of the principles of voluntariness and legality; Where mediation fails, a judgment shall be made in a timely manner.

Article 10: People's courts hearing civil cases are to implement systems of collegial deliberation, recusal, open trial, and two-instance final adjudication in accordance with legal provisions.