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No.2 of Three Model Cases of Procuratorial Organs' Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment Published by the Supreme People's Procuratorate: People v. Feng (case regarding dispute over illegal logging)

最高人民检察院发布3起检察机关适用认罪认罚典型案例之二:***盗伐林木案

  • No.2 of Three Model Cases of Procuratorial Organs' Application of the System of Giving a Lenient Punishment for Pleading Guilty and Accepting Punishment Published by the Supreme People's Procuratorate: People v. Feng (case regarding dispute over illegal logging)
  • 最高人民检察院发布3起检察机关适用认罪认罚典型案例之二:***盗伐林木案
  • [Basic Facts]
  • 基本案情
  • From the middle to the end of December 2018, for the purpose of setting up trellis for planting the fruits of Chinese magnoliavine, the criminal suspect Feng illegally logged 121 Manchurian Lilac trees, including 115 seedlings, by using a hand saw in the working circle of Zhishan Forest Farm under the Forestry Bureau of Hailin City, Heilongjiang Province, and all of the illegally logged trees were carried back to the land where he planted the fruits of Chinese magnoliavine. On May 24, 2019, it was identified by Heilongjiang Hailin Forest Resource Assets Assessment Co., Ltd. that the trees illegally logged by Feng were Manchurian Lilac trees, which were not protected trees (or rare trees) and the total growing stock was 0.0811 m3. In accordance with the provisions of Article 345 of the Criminal Law and Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Cases of Illegal Logging and Denudation of Trees , Feng was suspected of being guilty of illegal logging. On May 21, 2019, the Public Security Bureau of the Hailin Forestry Region docketed this case for investigation into the criminal suspect Feng's suspected illegal logging.
  • 2018年12月中旬至12月底,犯罪嫌疑人***为种植五味子搭架子,在黑龙江省海林林业局治山经菅林场施业区内,使用手锯盗伐暴马丁香树121株,其中幼树115株,并将盗伐的林木全部运送回自家的五味子地中存放。2019年5月24日,经黑龙江华林森林资源资产评估有限公司鉴定,***盗伐的林木为非保护树种(非珍贵树木)暴马子,总立木蓄积为0.0811立方米。根据刑法三百四十五条和“两高”《关于办理盗伐、滥伐林木案件应用法律的几个问题的解释》的规定,***的行为已涉嫌盗伐林木罪。2019年5月21日,海林林业地区公安局对犯罪嫌疑人***涉嫌盗伐林木案进行立案侦查。
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