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What are the main situations involving criminal liability in the newly revised Forest Law?

author:Ranger

What are the main situations involving criminal liability in the newly revised Forest Law?

Article 82 of the Forest Law of the People's Republic of China The public security organs may, in accordance with the relevant provisions of the State, exercise the administrative punishment power provided for in the first paragraph of Article 74, Article 76, Article 77 and Article 78 of this Law in accordance with the law.

Anyone who violates the provisions of this Law and constitutes a violation of the administration of public security shall be given a public security administrative punishment in accordance with law;

The circumstances involving criminal liability in the Forest Law mainly include:

1. Reclamation, quarrying, sand mining, soil mining or other activities intentionally cause the destruction of forests or forest land, as well as intentional destruction of forestry infrastructure, where the amount is relatively large or there are other serious circumstances. According to the provisions of Criminal Law article 275 (the crime of intentional destruction of property), whoever intentionally destroys public or private property, where the amount is relatively large or there are other serious circumstances, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; Accordingly, where public or private property such as forests, woods, forest lands, and forestry infrastructure are intentionally destroyed, the provisions of Article 275 of the Criminal Law (Crime of Intentional Destruction of Property) shall be applied to pursue the criminal responsibility of the parties.

2. Using violence or threats to obstruct the competent departments of forestry of the people's governments at or above the county level from carrying out supervision and inspection in accordance with law. On the basis of article 277 of the Criminal Law (Crimes of Obstructing Public Affairs), whoever obstructs the lawful performance of duties by employees of state organs by means of violence or threats constitutes the crime of obstructing public affairs and is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine. If the person concerned refuses or obstructs the competent department of forestry of the people's government at or above the county level from carrying out supervision and inspection in accordance with the law, and adopts the method of violence or threats, it is an act constituting the crime of obstructing public affairs, and the provisions of Article 277 of the Criminal Law (the crime of obstructing official duties) shall be applied to investigate the criminal responsibility of the party.

3. Forging, altering, or buying or selling forest felling permits. Whoever forges, alters, buys, sells, or steals, snatches, or destroys the official documents, certificates, or seals of state organs in accordance with Article 280 of the Criminal Law (the crime of forgery, alteration, or sale of official documents, certificates, or seals of state organs) shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights, and shall also be fined;

4. Discharging sewage or sludge with heavy metals or other toxic and harmful substances exceeding standards, as well as dredging sediment, tailings, slag, etc., that may cause forest land pollution, causing major environmental pollution accidents, causing serious consequences such as major losses to public or private property or personal injury or death. On the basis of Article 338 of the Criminal Law (Crimes of Environmental Pollution), whoever discharges, dumps, or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances, or other harmful substances in violation of state regulations, and seriously pollutes the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; According to the provisions of Article 346 of the Criminal Law (Provisions on Punishment for Units Committing Crimes of Destroying Environmental Resources), where a unit commits a crime provided for in Article 338 of the Criminal Law, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with Article 338.

5. Illegally occupying forest land, changing the use of forest land, and the amount is relatively large, resulting in a large amount of destruction of forest land. Whoever, on the basis of article 342 of the Criminal Law (the crime of illegally occupying agricultural land), violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of cultivated land, forest land, or other agricultural land, is to be sentenced to up to five years imprisonment or short-term detention and/or a fine. According to the provisions of Article 346 of the Criminal Law (Provisions on Punishment for Units Committing Crimes of Destroying Environmental Resources), where a unit commits a crime provided for in Article 342 of the Criminal Law, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of Article 342.

6. Destroying ancient and valuable trees. According to the provisions of Article 344 of the Criminal Law ([Crime of Illegally Felling or Destroying Plants under National Key Protection] [Crime of Illegally Purchasing, Transporting, Processing, and Selling Plants under Key National Protection or Plant Products under Key National Protection), a sentence of up to three years imprisonment, short-term detention or controlled release and a concurrent fine is to be imposed on those who violate the provisions of this article; According to the provisions of Article 346 of the Criminal Law (Provisions on the Punishment of Units Committing Crimes of Destroying Environmental Resources), where a unit commits the crime provided for in Article 344 of the Criminal Law, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with Article 344.

7. Illegally felling or indiscriminately felling forests or other forest trees, in relatively large quantities or huge quantities, as well as illegally purchasing or transporting trees that are clearly known to be illegal or indiscriminately felled, where the circumstances are serious. Punishment shall be in accordance with the provisions of Article 345 of the Criminal Law ([Crime of Illegal Felling of Trees], [Crime of Indiscriminate Felling of Trees], [Crime of Illegal Acquisition, Transportation of Illegally Logged and Indiscriminately Felled Trees]). Where a unit commits a crime provided for in Article 345 of the Criminal Law, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with Article 345.

8. The staff of the competent forestry department and other relevant departments abuse their powers, derelict their duties or engage in favoritism, resulting in major losses to public property and the interests of the state and the people. If the staff of the people's governments at all levels and their relevant departments abuse their powers, derelict their duties or twist the law for personal gain when carrying out forestry protection and supervision and management work such as the issuance of subsidies, the issuance of permits, and administrative punishments, resulting in major losses to public property, the interests of the state and the people, the provisions of Article 397 of the Criminal Law ([Abuse of Power] and [Crime of Dereliction of Duty]) shall apply.

9. If the staff of the competent forestry department violates the provisions of the Forestry Law by issuing a forest felling permit in excess of the approved annual felling quota or indiscriminately issuing a forest felling permit in violation of the regulations, if the circumstances are serious, it shall be punished in accordance with Article 407 of the Criminal Law ([Crime of Illegally Issuing Forest Felling Permits]).

What are the main situations involving criminal liability in the newly revised Forest Law?