How long is criminal detention for the crime of deforestation? 20

Updated on society 2024-06-29
7 answers
  1. Anonymous users2024-02-12

    Article 344 Whoever violates the provisions of the Forest Law by illegally felling or destroying precious trees 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.

    Article 345 Whoever illegally logs down forests or other 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; 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;

    Whoever, for the purpose of making profits, illegally acquires trees in forest areas that he knows to be illegally or indiscriminately felled, and the circumstances are serious, shall 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.

  2. Anonymous users2024-02-11

    Hello. 1. The time limit of criminal detention does not vary according to the crime, but is uniformly stipulated, i.e., 37 days.

    2. If the applicable statutory penalty is less than 3 years for the crime of stealing (indiscriminately) logging trees, it is likely that release on bail pending trial will be approved; Those who are sentenced to 3-7 years in prison are very difficult to release on bail unless there are circumstances of voluntary surrender.

  3. Anonymous users2024-02-10

    It has something to do with the range of cuts.

  4. Anonymous users2024-02-09

    Criminal detention is up to 37 days.

    Zongheng Legal Network-Liaoning Mingbo Law Firm-Cao Minghui lawyer.

  5. Anonymous users2024-02-08

    Being criminally detained indicates that a crime has been suspected, and no fine is required at this time.

    According to Article 344 of the Criminal Law of the People's Republic of China: Anyone who illegally fells or destroys precious trees or other plants under national key protection, or illegally purchases, transports, or processes ** precious trees or other plants under national key 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. "Precious trees" as provided for in Article 344 of the Criminal Law include ancient and famous trees of great historical significance, scientific research value, or age as determined by the competent forestry department or other departments at or above the provincial level, precious trees whose export is prohibited or restricted by the state, and trees included in the list of wild plants under national key protection.

  6. Anonymous users2024-02-07

    Legal analysis: First of all, the public security organs will take him into criminal custody according to the circumstances, and submit it to the procuratorate for approval of arrest within three days, which can be extended by one to four days, and the procuratorate will generally decide whether to approve the arrest within seven days. The period for investigation after arrest must generally not exceed two months, and in cases where the circumstances of the case are complicated, it may be extended by one month with the approval of the people's procuratorate at the level above.

    If it is an area with inconvenient transportation, a major criminal group case, or a crime committed by wandering, it may be extended for another two months with the approval of the provincial procuratorate.

    Legal basis: Forest Law of the People's Republic of China

    Article 39 Deforestation for reclamation, quarrying, sand mining, soil mining, and other acts of destroying forests and forest lands are prohibited. It is forbidden to discharge sewage and sludge with heavy metals or other toxic and harmful substances exceeding the standard, as well as dredging sediment, tailings, slag, etc., which may cause forest land pollution. It is forbidden to cut firewood, destroy seedlings and graze in young woodlands.

    It is forbidden to move or damage forest protection signs without authorization.

    Article 40 The State shall protect ancient and valuable trees. It is forbidden to destroy ancient and valuable trees and the natural environment in which they live.

  7. Anonymous users2024-02-06

    Legal Analysis: Felling of two to five cubic poplars constitutes a criminal offense.

    Legal basis: Measures for the Management of National Public Welfare Forests》 Article 12 In principle, first-class national public welfare forests shall not carry out production and business activities, and it is strictly forbidden to shoot branches, collect grease, cut paint, peel bark, dig roots, etc.

    State-owned first-class national public welfare forests shall not carry out any form of production and business activities. If it is really necessary to cut down trees for teaching and scientific research, or if it is necessary to clean up the damaged forests due to special circumstances such as serious forest fires, pests and diseases and other natural disasters, forestry experts in the fields of forest management, forest protection, and ecology shall be organized to conduct ecological impact assessments, and shall be implemented after approval by the competent forestry departments at or above the county level in accordance with law.

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