Responsibility determination of tree cutting accident

Identification of responsibility for tree cutting accident;

1. If the tree chopper is subjectively called as an infringer who intentionally hurts or kills people, whether he directly cuts people, hurts people with tools, or trees fall and cause injuries or deaths, the infringer should be investigated for criminal responsibility for intentional homicide or intentional injury causing deaths. Compensation and reconciliation cannot be exempted from imprisonment, but the punishment can be lightened or mitigated.

2. The infringer has no intention to hurt the victim subjectively, but there is gross negligence. For example, when cutting down a tree, the action itself may be dangerous, but he thinks that the victim is fine, the tools bounce or slide when cutting down a tree, or the surrounding environment is not cleaned up in advance to remind people around him to pay attention to safety. Therefore, the victim is just in the direction of the tree falling, and an injury event may occur, which may be considered as negligence and lead to death. Compensation and reconciliation may lead to probation.

3. If the above situation does not exist and it is an accident, criminal responsibility should not be investigated, and there is no problem of imprisonment.

legal ground

People's Republic of China (PRC) forest law

Thirty-ninth prohibit deforestation, quarrying, sand mining, soil and other acts of destroying trees and woodlands.

It is forbidden to discharge sewage and sludge with excessive heavy metals or other toxic and harmful substances into forest land, and dredged sediment, tailings and slag that may cause forest land pollution.

Cutting wood, destroying seedlings and grazing in young forest land are prohibited.

It is forbidden to move or damage forest protection signs without authorization.

Criminal law of the people's Republic of China

Article 16 Force majeure and accidents refer to acts caused by irresistible or unforeseeable reasons, which are not intentional or negligent, although objectively causing damage, and are not crimes. Article 14 Whoever knows that his actions will have consequences that will harm society, but hopes or lets such consequences happen, thus constituting a crime, is a deliberate crime.

Whoever intentionally commits a crime shall bear criminal responsibility. Article 15 A negligent crime should foresee the possible consequences of its own actions that endanger society. A negligent crime is a crime that is not foreseen because of negligence, or that can be avoided because it has been foreseen.