Sentencing standards for the crime of stealing and digging Pinus tabuliformis

Updated on society 2024-07-27
6 answers
  1. Anonymous users2024-02-13

    Illegal digging of Pinus tabuliformis is definitely illegal, and the specific sentencing standards are as follows.

    1. Illegal felling of forests or other forest trees, in relatively large quantities, shall be sentenced to up to three years imprisonment, 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.

    2. The law stipulates: According to Article 345 of the Criminal Law of the People's Republic of China [the crime of illegal logging; deforestation; Crime of illegally acquiring or transporting illegally felled or indiscriminately felled forests] Illegally 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; 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.

  2. Anonymous users2024-02-12

    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.

  3. Anonymous users2024-02-11

    Conviction and punishment for the crime of illegal logging and indiscriminate felling of trees. Article 344 of the Penal Code. 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, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

  4. Anonymous users2024-02-10

    Summary. The procedures for handling release on guarantee pending further investigation are: 1. The detained criminal suspect or defendant and their legally-designated persons and close relatives shall apply in writing to the decision-making organ for release on guarantee pending further investigation; 2. The decision-making organ shall give a reply on whether or not it agrees within 7 days of receiving the application for release on guarantee pending further investigation; 3. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person of a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval; 4. Enforcement of release on bail pending further investigation.

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    The other party is suspected of theft, and the acquisition of stolen goods is suspected of covering up and concealing criminal proceeds.

    You may be sentenced to a fine or controlled detention.

    Pinus tabuliformis is produced in Nanyang City, Henan Province.

    theft of public or private property with a value of 1,000 to 3,000 RMB is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; Where a person steals public or private property with a value of 30,000 to 100,000 RMB, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and a concurrent fine; Theft of public or private property with a value of 300,000 to 500,000 yuan or more is to be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a concurrent fine or confiscation of property.

    Dear, do you still have questions?

    Unknowingly, I bought 14 15-25 points of tabuliformis pine, with a total value of 38,000 yuan, what will I do?

    If you don't know it, you won't be held responsible.

    If you know, you will be jointly and severally liable.

    Dear, do you still have questions?

    Will the tree be taken away?

    Yes. Dear, do you still have questions?

    Do I have a criminal record with the public security organs?

    Now I'm on bail.

    Some. **is the normal market price, not lower than the normal**.

    The procedures for handling release on guarantee pending further investigation are: 1. The detained criminal suspect or defendant and their legally-designated persons and close relatives shall apply in writing to the decision-making organ for release on bail pending further investigation; 2. The decision-making organ shall make a reply within 7 days of receiving Hu Jian's application for release on guarantee pending further investigation; 3. Where a decision is made to release a criminal suspect or defendant on guarantee pending further investigation, it shall be reported to the responsible person of a public security organ at the county level or above, the chief procurator of a procuratorate, or the president of a people's court for approval; 4. Execution of basic pants for release on bail pending trial.

    However, after the bail pending trial is not believed, it does not mean that the parties are fine. In fact, the nature of release on bail pending further investigation is the same as that of criminal detention and arrest, and it is a criminal coercive measure. Release on bail pending trial only means that the parties meet the conditions for waiting for the trial outside, and after the investigation of the case is completed, if it is determined that the parties are guilty, they will still have to go through the court for trial.

    You just wait for the subpoena to be approved.

    Trial. It is recommended that you appoint a lawyer.

    If you need a lawyer to defend, we are connected nationwide, you see if it is convenient for you.

    Dear, do you still have questions?

  5. Anonymous users2024-02-09

    The theft of pine oil on the mountain is worth 3 to 500,000 yuan, and he is suspected of theft, and is convicted and sentenced according to the actual value.

    1) The theft of public or private property by individuals is "relatively large", with 1,000 to 3,000 RMB as the starting point. A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;

    2) The theft of public or private property by individuals is "huge", starting from 30,000 to 100,000 RMB. a sentence of between three and ten years imprisonment and a concurrent fine;

    3) The theft of public or private property by individuals is "especially huge", starting from 300,000 to 500,000 RMB. A sentence of 10 or more years imprisonment or life imprisonment is to be given, and a concurrent fine or confiscation of property.

  6. Anonymous users2024-02-08

    China's Criminal Law stipulates that anyone who steals or robs in an amount of less than 30,000 yuan shall be sentenced to fixed-term imprisonment of not more than three years and shall also be fined, and for those who commit a relatively large amount, shall be sentenced to fixed-term imprisonment of not less than 10 years or sentenced to imprisonment and deprivation of political power for life.

    Follow-up: Do you compensate for the loss of the owner?

    Yes, confiscate its proceeds.

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