Effective today, the Supreme People's Court has issued this judicial interpretation standard | conviction | judicial interpretation
The Supreme People's Court has issued a judicial interpretation clarifying the conviction and sentencing standards for crimes of damaging forest resources. In order to further strengthen the judicial protection of forest resources and effectively solve judicial practice problems, the Supreme People's Court issued 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" on the 14th, which comprehensively and systematically stipulates the conviction and sentencing standards for crimes of damaging forest resources and related legal application issues. This explanation will come into effect on 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 five acres of public welfare forest land and more than ten acres of commercial forest land constitutes a crime. In addition, the conviction and sentencing standards for the crime of endangering national key protected plants shall be explained clearly. Those who harm one or more first-class protected wild plants or have a standing volume of more than one cubic meter, or harm two or more second-class protected wild plants or have a standing volume of more than two cubic meters, shall constitute the crime of endangering national key protected plants. Explain and clarify the behavior mode and conviction and sentencing standards of the crimes of illegal logging and indiscriminate logging, and clarify the subjective knowledge and conviction and sentencing standards of the crimes of illegal acquisition, transportation of illegal logging and indiscriminate logging. Among them, five specific situations were listed to presume that the trees were illegally or indiscriminately harvested, such as the purchase price being significantly too low and the transaction method clearly not in line with normal habits. In addition, explain and clarify the rules for handling crimes involving forestry documents and documents. According to the interpretation, if forging, altering, buying and selling logging permits, forest, forest land, forest ownership certificates, and forestry certificates and documents approved by state organs such as the approval letter for occupying or requisitioning forest land constitute crimes, they shall be convicted and punished for the crime of forging, altering, buying and selling official documents and documents of state organs; If the sale of import and export permits or other business licenses constitutes the crime of illegal business operations, one of the serious crimes shall be punished. It is reported that the people's courts have lawfully punished various crimes of damaging forest resources. In the past five years, courts across the country have concluded a total of 64788 related criminal cases, with 82704 effective judgments. This has played an important role in effectively protecting forest resources and promoting ecological civilization construction. Next, the Supreme People's Court will guide local people's courts at all levels to take the opportunity of public interpretation and implementation, fully play the role of judicial function, continuously strengthen the criminal judicial protection of forest resources, and assist in the construction of a beautiful China.