The Supreme Law Promulgates Judicial Interpretation to Clarify the Criminalization and Sentencing Standards for Crimes of Destroying Forest Resources

2023-08-15

In order to further strengthen the judicial protection of forest resources and effectively solve judicial practice issues, the Supreme People's Court issued an interpretation on several issues related to the application of law in the trial of criminal cases of damaging forest resources on the 14th, providing comprehensive and systematic provisions on the conviction and sentencing standards for crimes of damaging forest resources and related legal application issues. This explanation will come into effect from August 15th. Explain and clarify the conviction and sentencing standards for the crime of illegally occupying forest land, which stipulates that illegally occupying and destroying more than 5 acres of public welfare forest land and more than 10 acres of commercial forest land constitutes a crime. In addition, it is necessary to clarify the conviction and sentencing standards for the crime of endangering national key protected plants. Those who endanger one or more first level protected wild plants or have more than one cubic meter of standing trees, or endanger two or more second level protected wild plants or have more than two cubic meters of standing trees, shall constitute the crime of endangering national key protected plants. Explain and clarify the behavior mode and conviction and sentencing standards of the crime of illegal logging and indiscriminate logging of trees, and clarify the subjective knowledge and conviction and sentencing standards of the crime of illegal acquisition, transportation of illegal logging and indiscriminate logging of trees. Among them, 5 specific situations were listed for the presumption of "knowingly illegal or indiscriminate logging of trees", such as the purchase price being significantly too low, and the transaction method being clearly not in line with normal habits. In addition, explain and clarify the rules for handling crimes involving forestry documents and documents. The interpretation stipulates that those who forge, alter, or buy or sell logging permits, forest, forest land, forest ownership certificates, and forestry documents or documents approved by national authorities such as the approval letter for occupying or requisitioning forest land, shall be convicted and punished for the crime of forging, altering, or buying and selling official documents or documents of national authorities; If the sale of import and export permit certificates and other business license certificates constitutes the crime of illegal business operations, a felony shall be selected and punished. The people's courts punished various crimes of damaging forest resources in accordance with the law. From 2018 to 2022, a total of 64788 related criminal cases were tried and 82704 effective judgments were made by courts nationwide, playing an important role in effectively protecting forest resources and promoting ecological civilization construction. The Supreme People's Court will guide local people's courts at all levels to take the opportunity of interpreting and implementing actions, fully play the role of judicial functions, continuously strengthen the criminal judicial protection of forest resources, and assist in the construction of a beautiful China. (New News Agency)

Edit:Jia Jia    Responsible editor:Wang Chen

Source:People.cn

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