Whoever, in violation of the provisions of the Forest Law, wantonly cuts down forests or other trees in huge quantities shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also or only be fined; If the number 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.
Whoever knowingly illegally purchases or transports illegally cut trees, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the circumstances are especially serious, 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.
Whoever unlawfully and wantonly cuts down forests or other trees in national nature reserves shall be given a heavier punishment.
As the judicial interpretation of laws and regulations changes every year, lawyer Su Yifei will update the sentencing standard of this crime once a year on this website page:
(2008) Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (1)
Article 72 Whoever illegally fells forests or other trees is suspected of one of the following circumstances, he shall file a case for prosecution:
(a) illegal logging of more than two to five cubic meters;
(two) illegal felling of more than one hundred to two hundred young trees.
For the purpose of illegal possession, one of the following circumstances belongs to "illegal felling of forests or other trees" as stipulated in this article:
(a) unauthorized felling of forests or other trees owned by the state, collectively owned, owned by others or contracted by others;
(two) unauthorized felling of forests or other trees contracted by units or individuals;
(3) Cutting forests and other trees that are owned by the state, collectively owned, owned by others or contracted by others outside the places specified in the tree cutting license.
The number of trees specified in this Article and Articles 73 and 74 of these Provisions shall be calculated by the volume of standing trees, and the calculation method is as follows: the volume of logs divided by the timber output of the tree species; "Young trees" refer to trees with DBH below five centimeters.
Article 73 Anyone who violates the provisions of the Forest Law and is suspected of any of the following circumstances shall file a case for prosecution:
(a) deforestation of ten to twenty cubic meters or more;
(2) Cut down 500 to 1000 young trees.
In violation of the provisions of the forest law, any of the following circumstances belongs to "deforestation or other forest trees" as stipulated in this article:
(a) without the approval of the administrative department of forestry and other competent departments prescribed by law, and issuing the forest cutting license, or holding the forest cutting license, but in violation of the time, quantity, tree species or methods stipulated in the forest cutting license, cutting forests or other trees owned by units or individuals without authorization;
(2) cutting forests or other trees in excess of the quota stipulated in the tree cutting license.
Whoever, in violation of the provisions of the Forest Law, cuts the forest or other trees owned by his own unit or himself outside the place specified in the forest cutting license, except for the scattered trees owned by individuals in the private plots and in front of and behind the houses of rural residents, falls into the circumstances specified in Item (1) of the second paragraph of this article, and "without the approval of the forestry administrative department and other competent departments prescribed by law, a forest cutting license is issued".
Before the ownership of trees is confirmed, one party to the dispute cuts down forests or other trees without authorization, which belongs to "deforestation or other trees" as stipulated in this article.
The cutting quantity should be calculated above the allowable error of investigation and design in the cutting area.
Article 74 [Illegal Acquisition, Transportation, Illegal Logging and Deforestation (Paragraph 3 of Article 345 of the Criminal Law)] Anyone who knowingly illegally acquires and transports illegal logging and illegal logging shall file a case for prosecution under any of the following circumstances:
(a) illegal acquisition, transportation, illegal logging, illegal logging of young trees more than 20 cubic meters or 1000 trees or more;
(2) Other serious circumstances.
The "knowing" of "illegal acquisition" mentioned in this article means knowing or should know. In any of the following circumstances, it can be considered as knowing, except that there is evidence to prove that it is obviously deceived:
(a) the acquisition of timber in illegal timber trading places or sales units;
(two) the purchase of timber is sold at a price significantly lower than the market price;
(three) in violation of the provisions of the acquisition of timber for sale.
(2000) Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Forest Resources.
Article 1 The term "precious trees" as mentioned in Article 344 of the Criminal Law includes ancient and famous trees with great historical commemorative significance, scientific research value or a long history as determined by the forestry authorities at or above the provincial level or other departments, precious trees whose export is prohibited or restricted by the state, and trees listed in the national list of key protected wild plants.
Article 2 Illegal logging and destruction of precious trees shall be considered as "serious" under any of the following circumstances:
(a) illegal felling of more than two plants in precious trees or destruction of precious trees, resulting in the death of more than three plants in precious trees;
(two) illegal felling of more than two cubic meters in precious trees;
(3) Organizing, planning and directing illegal logging or destroying precious trees;
(4) Other serious circumstances.
Article 3 Whoever, for the purpose of illegal possession, has one of the following circumstances, and the amount is relatively large, shall be convicted and punished for the crime of illegal logging in accordance with the provisions of the first paragraph of Article 345 of the Criminal Law:
(a) unauthorized felling of forests or other trees owned by the state, collectively owned, owned by others or contracted by others;
(two) unauthorized felling of forests or other trees contracted by units or individuals;
(3) Cutting forests and other trees that are owned by the state, collectively owned, owned by others or contracted by others outside the places specified in the tree cutting license.
Fourth illegal felling of trees "a large number", starting from two to five cubic meters or one hundred to two hundred young trees; Illegal felling of trees is "huge", starting from 20 to 50 cubic meters or 1000 to 2000 young trees; Illegal felling of trees is "extremely huge", starting from 100 to 200 cubic meters or 5000 to 10000 young trees.
Article 5 Whoever, in violation of the provisions of the Forest Law, has one of the following circumstances, and the number is relatively large, shall be convicted and punished for the crime of deforestation in accordance with the provisions of the second paragraph of Article 345 of the Criminal Law:
(a) without the approval of the administrative department of forestry and other competent departments prescribed by law, and issuing the forest cutting license, or holding the forest cutting license, but in violation of the time, quantity, tree species or methods stipulated in the forest cutting license, cutting forests or other trees owned by units or individuals without authorization;
(2) cutting forests or other trees in excess of the quota stipulated in the tree cutting license.
Before the ownership of trees is confirmed, one party to the dispute cuts down forests or other trees without authorization, and if the number is large, it shall be punished as the crime of deforestation.
Article 6 Deforestation in "large quantities" shall start with 10 to 20 cubic meters or 500 to 1000 young trees; Cutting down trees is "huge", starting from 50 to 100 cubic meters or 2500 to 5000 small trees.
Article 7. If a small number of trees have been illegally felled for many times within one year without being punished, the number of illegally felled and wantonly felled trees has accumulated, and if the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 8 Whoever unlawfully and wantonly fells precious trees and violates the provisions of Articles 344 and 345 of the Criminal Law at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 9 Whoever steals trees owned by the state, collectively or owned by others for personal use, or steals scattered trees planted in front of others' houses or private plots, if the amount is relatively large, shall be convicted and punished for theft in accordance with the provisions of Article 264 of the Criminal Law.
Article 10 The term "illegally purchasing trees that are illegally felled or felled" as stipulated in Article 345 of the Criminal Law means knowing or should know. In any of the following circumstances, it can be considered as knowing, except that there is evidence to prove that it is obviously deceived:
(a) the acquisition of timber in illegal timber trading places or sales units;
(two) the purchase of timber is sold at a price significantly lower than the market price;
(three) in violation of the provisions of the acquisition of timber for sale.
Eleventh any of the following circumstances, which belongs to the illegal acquisition of illegal logging, deforestation forest "serious":
(a) illegal acquisition of illegal logging, deforestation of more than twenty cubic meters or more than one thousand young trees;
(two) illegal acquisition of illegal logging, deforestation in precious trees more than two cubic meters or more than five plants;
(3) Other serious circumstances.
In any of the following circumstances, it is a "particularly serious" illegal acquisition of illegal logging in forest areas:
(1) illegally purchasing more than 100 cubic meters of illegally cut and wantonly cut trees or more than 5,000 young trees;
(two) illegal acquisition of illegal logging, deforestation in precious trees more than five cubic meters or more than ten plants;
(3) Other particularly serious circumstances.
Article 12 Any staff member of the competent forestry department who violates the provisions of the Forest Law, issues a forest cutting license in excess of the approved annual cutting quota or issues a forest cutting license indiscriminately in violation of the provisions shall be convicted and punished for the crime of illegally issuing a forest cutting license in any of the following circumstances:
(a) the number of trees allowed to be cut by issuing a forest cutting license exceeds the approved annual cutting quota, resulting in the amount of forest cutting exceeding ten cubic meters;
(two) the indiscriminate issuance of forest cutting licenses, resulting in deforestation of more than 20 cubic meters;
(three) the indiscriminate issuance of forest cutting licenses, resulting in deforestation in precious trees;
(four) approved the felling of trees prohibited by the state, and the circumstances are bad;
(five) other serious circumstances.
Article 13 Whoever forges, alters or buys or sells forest cutting licenses, timber transport certificates, certificates of ownership of forests, trees and woodlands, approval letters for occupation or requisition of woodlands, afforestation funds and other forestry certificates approved by state organs, if the case constitutes a crime, shall be convicted and punished for the crime of forging, altering or buying or selling official documents and certificates of state organs in accordance with the provisions of the first paragraph of Article 280 of the Criminal Law.
Whoever buys and sells business licenses such as import and export licenses and commits the crimes stipulated in Articles 225 and 280 of the Criminal Law at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.
Fourteenth people looting trees more than five cubic meters, belonging to the mob looting "a large amount"; Gathering people to plunder trees of more than 20 cubic meters is a "huge amount". The ringleaders and active participants shall be convicted and punished for the crime of gathering people to illegally cut down trees in accordance with the provisions of Article 268 of the Criminal Law.
Fifteenth illegal seed picking, fat picking, digging bamboo shoots, digging roots, peeling and other acts. And get a large amount of economic benefits, in accordance with the provisions of Article 264 of the Criminal Law, convicted and punished for theft. If it constitutes other crimes at the same time, it shall be convicted and punished in accordance with the provisions of heavier punishment.
Article 16 Where a unit commits the crimes stipulated in Articles 344 and 345 of the Criminal Law, the standards for conviction and sentencing shall be implemented in accordance with the provisions of this Interpretation.
Article 17 The number of trees specified in this Interpretation shall be calculated according to the stock volume, and the calculation method is: the log volume divided by the wood output of tree species.
Young trees mentioned in this interpretation refer to trees with DBH less than 5 cm.
The cutting quantity should be calculated above the allowable error of investigation and design in the cutting area.
Article 18 The higher people's courts of the relevant provinces, autonomous regions and municipalities directly under the Central Government may, with reference to the spirit of the above provisions, formulate specific standards for their own areas and report them to the Supreme People's Court for the record.
Article 19 The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual situation in their respective regions, determine the specific quantification standards implemented in their respective regions within the quantification ranges specified in Articles 4 and 6 of this Interpretation, and report them to the Supreme People's Court for the record.
(200 1) standards for filing criminal cases of forest terrestrial wildlife under the jurisdiction of the state forestry administration and the Ministry of public security
Criteria for filing criminal cases of forest and terrestrial wildlife
(1) Illegal felling of trees
Illegal felling of forests or other trees, the starting point for filing a case is 2 cubic meters to 5 cubic meters or young trees 100 to 200; Illegal felling of 20 cubic meters to 50 cubic meters of trees or young trees 1000 to 2000 plants is the starting point for filing major cases; Illegal felling of trees 100 cubic meters to 200 cubic meters or 5000 young trees 10000 trees is the starting point for filing particularly serious cases.
(2) Deforestation
Deforestation of forests or other trees, the starting point for filing a case is 10 cubic meter to 20 cubic meters or 500 young trees to 1000 trees; Deforestation of more than 50 cubic meters of trees or more than 2500 young trees is a major case; Deforestation of more than 65,438,000 cubic meters of trees or more than 5,000 young trees is a particularly serious case.
(three) cases of illegal acquisition of illegal logging and deforestation.
For the purpose of making profits, illegally purchasing more than 20 cubic meters of trees or young trees 1000 plants in the forest area that are known to be illegal logging and deforestation, and illegally purchasing more than 2 cubic meters or more than 5 plants in precious trees that are illegal logging and deforestation, shall be put on file; Illegal acquisition of trees 100 cubic meters or more than 5,000 saplings, and illegal acquisition of trees 10 or more in precious trees for illegal logging and deforestation are major cases; Illegal acquisition of more than 200 cubic meters of trees or young trees 1000 or more, illegal acquisition of precious trees 10 cubic meters or illegal logging or deforestation of more than 20 trees are particularly serious cases.
(4) The case of illegal logging and destruction of precious trees.
Illegal logging and destruction of precious trees shall be put on file; Cutting down 2 plants in precious trees, more than 2 cubic meters, or destroying precious trees, causing more than 3 deaths, is a major case; Cutting precious trees 10 plants, or destroying precious trees, resulting in the death of more than 15 plants, is a particularly serious case.
(5) The case of smuggling rare plants and rare plant products.
Smuggling rare plants and rare plant products prohibited by the state shall be put on file; Smuggling more than 2 kinds of rare plants and rare plant products worth more than 20 thousand yuan is a major case; Smuggling more than 0/0 rare plants/kloc-0 rare plant products worth more than 65,438+10,000 yuan is a particularly serious case.
(6) Arson case
Those who deliberately set fire to forests or other forest fires shall file a case; Burning forest land area of more than 2 hectares is a major case; Woodland area 10 hectare or more, or causing serious injuries or deaths, is a particularly serious case.
(7) Fire cases
If a forest fire is caused by a fire, and the forest land area is more than 2 hectares, or serious injuries or deaths are caused, a case shall be filed; Woodland area 10 hectares or more, or more than 5 people were killed or seriously injured, which is a major case; Woodland area of more than 50 hectares, or more than 2 people died, is a particularly serious case.
(eight) cases of illegal hunting and killing of rare and endangered terrestrial wild animals under special state protection.
Illegal hunting and killing of rare and endangered terrestrial wild animals under special state protection shall be put on file. Major cases and particularly major cases are detailed in the attached table.
(nine) the case of illegal acquisition, transportation and sale of precious and endangered terrestrial wildlife and precious and endangered terrestrial wildlife products.
Illegal acquisition, transportation and sale of rare and endangered terrestrial wild animals under special state protection shall be put on file, and the filing standards for major cases and particularly major cases are shown in the attached table.
Illegal acquisition, transportation and sale of rare and endangered terrestrial wildlife products under special state protection shall be put on file; The value of the goods is more than 654.38+10,000 yuan or the illegal profit is more than 50,000 yuan, which is a major case; The product value is more than 200,000 yuan or the illegal profit is more than 654.38+10,000 yuan, which is a particularly serious case.
(10) Illegal hunting case
In violation of hunting laws and regulations, hunting in a game reserve, a game ban period or using prohibited tools and methods shall be put on file under any of the following circumstances:
1, illegally hunting more than 20 terrestrial wild animals;
2. Hunting with prohibited tools and methods in the game reserve or during the game ban;
3. Other acts that seriously damage wildlife resources.
Violation of hunting laws and regulations, illegal hunting of more than 50 terrestrial wild animals in a game reserve, a game ban period or using prohibited tools and methods, if the circumstances are serious; Illegal hunting and catching of more than 65,438,000 terrestrial wild animals or other vile circumstances is a particularly serious case.
(eleven) smuggling precious animals and precious animal products.
Smuggling land wildlife under special state protection and its products and appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be put on file; Major cases and particularly major cases of smuggling terrestrial wildlife under special state protection shall be implemented in accordance with the standards in the attached table.
Smuggling terrestrial wildlife products under special state protection and appendices 1 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora with a value of more than 65,438+10,000 yuan shall be established as a major case; Smuggling terrestrial wildlife products under special state protection and appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, with a value of more than 200,000 yuan, is a particularly serious case.
(12) Cases of theft, snatch, robbery, concealment, transfer, purchase, sale of stolen goods, sabotage of production and operation, mob looting, illegal operation, forgery or alteration of official documents and certificates of state organs shall be subject to corresponding filing standards.
Three. other terms
(1) The division between forest areas and non-forest areas shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
(two) the number of trees, calculated according to the volume of standing trees.
(3) If illegal logging or illegal logging of a small number of trees for many times within one year is not punished, the number of illegal logging or illegal logging shall be calculated cumulatively.
(four) the value of illegal logging and deforestation, if there is a price stipulated by the state, shall be calculated according to the price stipulated by the state; If the price is not stipulated by the state, it shall be calculated according to the price stipulated by the competent department; If the state or competent department has not set the price, it shall be calculated according to the market price; Enter the circulation field, according to the actual sales price; If the actual sales price is lower than the price stipulated by the state or the competent department, it shall be calculated according to the price stipulated by the state or the competent department; If the actual sales price is lower than the market price and there is no price stipulated by the state or the competent department, it shall be calculated at the market price, not at the low-priced stolen goods.
(5) Illegal hunting, killing, purchasing, transporting, selling or smuggling of terrestrial wild animals listed in Appendix 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora shall be subject to the filing standards of the first-class and second-class protected wild animals in China.
(six) the value of precious and endangered terrestrial wildlife products shall be verified in accordance with the provisions of the national wildlife administrative department; If the approved value is lower than the actual transaction price, it shall be determined by the actual transaction price.
(seven) unit crime, the implementation of the provisions of the filing standards.
(eight) the term "above" as mentioned in these Provisions includes this number.
(9) The public security departments, bureaus and competent forestry departments of all provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, determine the starting point for filing cases of illegal logging, deforestation and illegal hunting in the region and the starting point for filing major and particularly major cases within the scope of these Provisions.
(10) The filing criteria for illegal felling of bamboo forests or other bamboos shall be determined by the public security departments, bureaus and competent forestry departments of all provinces, autonomous regions and municipalities directly under the Central Government according to the economic value of bamboos and with reference to the filing criteria for illegal felling and deforestation.
(1993) the Supreme People's Court's official reply on how to deal with the problem of cutting private ownership trees.
Jilin Provincial Higher People's Court:
Your request for instructions on how to deal with deforestation in the Song Dynasty has been received. After research, we agree with your second opinion, that is, trees owned by individuals are also part of the national forest resources. The defendant's illegal felling of trees belonging to him constitutes the crime of illegal felling of trees, and his behavior has violated the national laws and regulations on forest protection and destroyed the national forest resources. The illegally cut trees are no longer the legal property of individuals, and should be recovered as the property illegally obtained by criminals in accordance with the provisions of Article 60 of the Criminal Law.