How to punish stealing pine trees? Is it illegal to cut down pine trees

According to the circumstances of the "Forest Law of the People's Republic of China".

and the Criminal Law of the People's Republic of China.

provisions of the penalty.

Article 34 of the Forest Law of the People's Republic of China Where illegal felling of forests or other forest trees is slight, the competent forestry department shall order compensation for losses, replant dozens of times the number of trees illegally felled, and impose a fine of three to ten times the illegal gains. If the circumstances are minor, the competent forestry department shall order the replanting of five times the number of trees and impose a fine of two to five times the amount of illegal gains.

Where illegal or indiscriminate felling of forests or other forest trees is serious, criminal responsibility shall be pursued in accordance with the provisions of Article 128 of the Criminal Law.

Those who have illegally logged forests for their own use and the amount is huge, shall be investigated for criminal responsibility in accordance with the provisions of Article 152 of the Criminal Law.

Stealing pine trees is suspected of stealing trees. Economic compensation shall be paid in accordance with the law, and the competent forestry department shall order the perpetrator to replant trees, which shall be 10 times the number of illegally felled trees, and the perpetrator shall confiscate the illegally felled trees and the proceeds of the sale of the trees by the perpetrator, and impose a fine of three to ten times the value of the illegally felled trees themselves.

What will be the penalty if it is handed over directly to law enforcement? It mainly depends on the actual value of these 6 pine trees. If the value of the pine tree exceeds the criteria for filing a case, it will be punished as theft

Up to three years imprisonment, short-term detention or controlled release, and/or a fine. If the standard for filing a case is not met, it is a public security fine. (The amount of theft between 500 and 2,000 yuan is the standard for filing a case.)

Less than 500 will not be filed. ）

According to the Criminal Law of the People's Republic of China, a person who illegally logs a relatively large amount of pine trees can be sentenced to fixed-term imprisonment of not more than three years or criminal detention and controlled release, and will also be fined a certain amount, and if the amount is huge, he will be sentenced to fixed-term imprisonment of three to seven years.

After being caught, it is necessary to decide how to punish according to the pine tree stolen**. Stealing pine trees is a criminal offense, and if the stolen pine tree meets the minimum standards for criminal investigation, it will result in detention, fines or jail time. The specific punishment measures shall be based on the actual losses and impacts caused, and shall be subject to the judgment of the court in accordance with the law.

First of all, we need to look at the actual value of pine trees. If the value of the pine tree exceeds the standard for filing a case, it will be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance, and/or a fine. If no case is filed, it is called a public security fine.

First of all, pine trees are not a protected species. So it has to be judged by how much he stole and how much he stole. If you find this situation, you should call the police in time.

This is not necessarily, some may be fines, and some may require jail time. In this way, depending on the quantity, there is also whether the nature is bad or not.

You're going to see how many elms you steal. If it is more likely to be sentenced. If it's a small number of trees, it's fine.

An expert will be found to evaluate the value, and then punish according to the situation.

If the plot is minor. The punishment measures are: illegal felling of forests or other forest trees, compensation 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. If the tree is refused to be replanted or the replanting does not comply with the relevant provisions of the state, the competent forestry department shall replant the tree on its behalf, and the required expenses shall be paid by the violator.

If the circumstances are serious, conviction and punishment shall be carried out in accordance with the crime of indiscriminate felling of trees or the crime of illegal logging. Where the provisions of the law violate the provisions of the Forest Law by indiscriminately felling forests or other forest trees, and the quantity is relatively large, a person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine, and if the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Therefore, the punishment for stealing trees should be dealt with in accordance with the above provisions.

Legal basis. Criminal Law of the People's Republic of China

Article 345 The crime of illegal logging of trees.

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, 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; [Crime of Illegally Purchasing or Transporting Illegally Logged or Indiscriminately Felled Trees] Illegally purchasing or transporting illegally or indiscriminately felled forest trees, and the circumstances are serious, is 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 achievement of a larger number of criteria constitutes a condition for sentencing. The number of illegal logging trees is large, starting from 2 to 5 cubic meters or 100 to 200 young trees; The number of illegal logs is huge", starting with 20 to 50 cubic meters 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.

1. To cut down trees, you must apply for a felling permit, and the felling shall be carried out according to 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. 2. It is illegal to cut down trees without approval or permission. 3. Stealing trees, the number of which reaches 2-5 cubic meters, establishes the crime of illegal felling of trees; If the amount is not reached, and the amount reaches 1,000-3,000 yuan, the crime of theft is established.

Legal Analysis: The penalties for theft of greening trees are as follows:

1. Under the premise that the perpetrator does not comply with the provisions of the law, without the approval of the relevant departments, he cuts down the living trees and then secretly occupies them, which is an act of illegal felling of trees;

2. The trees secretly stolen by the perpetrator by illegal means have already been cut down by others, or the living trees are dug up from the ground and then occupy existing trees, which is a theft of trees;

3. The perpetrator used illegal means to dig up the tree from the ground alive, and then occupied the place, but kept the tree alive and the tree was alive, which is a theft of trees.

Legal basis: Article 71 of the Forest Law of the People's Republic of China violates the provisions of this law and infringes upon the legitimate rights and interests of the owners or users of forests, woods and forest lands, and shall bear tort liability in accordance with law. Article 76 Where trees are illegally felled, the competent authorities of forestry of the people's ** at or above the county level shall order them to replant trees with a number of trees that are not less than one time but not more than five times the number of illegally felled trees in the same place or in another place within a time limit, and shall be fined 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.