Consequences of deforestation

A certain amount of deforestation may constitute a crime and will be punished by the court.

The crime of illegal felling of trees refers to the illegal felling of forests or other trees in a large number.

The constitutive elements of the crime of illegal logging are as follows:

1, the behavior object is forest or other trees;

2. The objective behavior is illegal logging;

3. Large quantity.

The forms and elements of responsibility for the crime of illegal felling of trees need to have the purpose of illegal possession in addition to intention. The actor must illegally cut down trees while knowing that the trees are owned by the state, the collective or others. Whoever cuts down trees of the state, the collective or others for the purpose of destruction shall be punished as the crime of intentionally destroying property. Cases in which hiring others to illegally cut down trees constitutes a crime should be analyzed in detail. If employees don't know that it is illegal to cut other people's trees, employers should bear the responsibility. Workers who knowingly illegally cut down other people's trees shall be punished for the crime of illegally cutting down trees.

legal ground

People's Republic of China (PRC) forest law

Article 76 Whoever illegally fells trees shall be ordered by the competent forestry department of the people's government at or above the county level to replant in the same place or in different places within a time limit, and shall be fined between five times and ten times the value of illegally felled trees.

In case of deforestation, the competent forestry authorities of the people's governments at or above the county level shall order them to replant trees in situ or in different places within a time limit, and may also impose a fine of more than three times and less than five times the value of deforestation.

Criminal law of the people's Republic of China

Article 345 Crime of Illegal Logging Whoever illegally logs 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 shall 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; If the number is especially large, he shall be sentenced to fixed-term imprisonment of not less than seven years and fined.

The crime of deforestation violates the provisions of the forest law. Whoever cuts down forests or other trees in large quantities 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 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.

Crime of illegal acquisition, transportation, illegal logging and deforestation; If the circumstances are serious, he 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.