[Year of Law Enforcement and Judicial Excellence] Nanling Procurator: prosecutors go into the countryside to publicize the prohibition of deforestation

Current location: home page >> Special column >> The Year of Excellence in Law Enforcement and Justice, 2024

The Year of Excellence in Law Enforcement and Justice, 2024

Time: May 24, 2024 Author: News source: [Font size: large | in | Small 】

On the morning of May 17, Wu and Qi, who were prosecuted by the People's Procuratorate of Nanling County for deforestation, held a public hearing in Kuihu, Xuzhen Town, Nanling County. Representatives of the town people's congress, members of the CPPCC and nearby villagers were invited to attend the hearing.

In late December 2022, Wu and Qi, the defendants, were in partnership, and Wu borrowed money from others to obtain 66.5 mu of forest in the mountain farm of a town in Nanling County. At the beginning of January 2023, the two hired workers to cut and sell the forest in the mountain without obtaining the cutting license. After counting and identification, 519 trees were felled by the two people, and the forest stock was 57.3899 cubic meters. According to the second paragraph of Article 345 of the Criminal Law of the People's Republic of China, Wu and Qi's acts constitute the crime of deforestation, and the People's Procuratorate of Nanling County files a public prosecution to the court according to law.

In the case of deforestation, the prosecutors found that most defendants were fluky about deforestation. Some people think that it will not be a problem to cut down their own trees or trees bought from others, and it may be troublesome to charge for obtaining certificates; Some have obtained a cutting license, but they cut in violation of the time, place, quantity, species and method specified in the cutting license; Some people think that I am not the boss who buys trees. I don't care whether others have obtained a certificate or not. I just need to help people cut down trees to earn money. Because of my lack of legal awareness, I ended up losing both people and money. The prosecutor reminds that, according to the Criminal Law of China and other relevant laws and regulations, the company has not obtained a cutting license, or although it holds a cutting license, it arbitrarily cuts trees owned by its own unit or by itself in violation of the specified time, quantity, tree species or method; Those who cut trees owned by others in excess of the prescribed amount may be suspected of the crime of wanton cutting of trees. A large number of them can serve up to seven years! It is especially emphasized that the formalities for the forest cutting license are not complicated. When cutting trees, you must remember to apply for the license!

Links to relevant laws and regulations:

The first paragraph of Article 56 of the Forest Law of the People's Republic of China shall apply for a cutting license to cut the trees on the forest land, and the cutting shall be carried out in accordance with the provisions of the cutting license; To cut bamboo forests outside the nature reserves, it is not necessary to apply for a cutting license, but it should comply with the technical regulations for tree cutting.

Whoever, in violation of the provisions of the Forest Law, arbitrarily fells forests or other trees in the second paragraph of Article 345 of the Criminal Law of the People's Republic of China, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; 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.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Destroying Forest Resources (Fa Shi [2023] No. 8) shall be deemed as "wanton cutting of forests or other forests" as stipulated in the second paragraph of Article 345 of the Criminal Law if one of the following circumstances occurs: (1) the cutting license is not obtained, or the time specified in the cutting license is violated Arbitrary felling of trees owned by the unit or itself in the place, quantity, species and manner;

（2） Violating the provisions of the third paragraph of Article 56 of the Forest Law by arbitrarily cutting trees owned by the unit or itself;

（3） Cutting trees owned by the State, a collective or others in excess of the specified quantity at the place specified in the cutting license.

If there is a dispute over the ownership of trees, and one party fells trees without obtaining a cutting license, it shall be punished as deforestation.

Article 6 In case of wanton felling of forests or other trees, the trees involved in the case shall be deemed as "large in quantity" as stipulated in the second paragraph of Article 345 of the Criminal Law if they are in any of the following circumstances:

（1） The standing stock is more than 20 cubic meters;

（2） More than 1000 young trees;

（3） Although the quantity does not meet the standards specified in Item 1 and Item 2 respectively, the total amount converted according to the corresponding proportion meets the relevant standards;

（4） It is worth more than 50000 yuan. If an act specified in the preceding paragraph reaches five times or more of the standards specified in Items 1 to 4, it shall be deemed as "a huge quantity" as specified in the second paragraph of Article 345 of the Criminal Law.

If the act of wanton felling of trees involves the death or serious damage of trees due to natural causes such as wind fall, fire, water damage or harmful forestry organisms, it shall not be regarded as a crime in general; If it is really necessary to investigate criminal responsibility, leniency shall be given.

Friendly Links

Supreme People's Procuratorate 　　 Anhui Provincial People's Procuratorate 　 Justice Network

--Wuhu Procuratorial Portal Group--