What is the maximum prison sentence for violating regulations on forest exploitation and protection and forest products?
(Baonghean.vn) - What is the maximum prison sentence for violating regulations on forest exploitation, protection and forest product management as prescribed by the Penal Code, and specifically in which cases? This is a matter of concern for Ms. Ho Thi Hien (Quynh Luu, Nghe An).
Answer: According to the provisions of Clause 3, Article 232 of the 2015 Penal Code (amended and supplemented by the 2017 Penal Code), imprisonment from 05 years to 10 years shall be imposed on a person who commits a crime in one of the following cases:
- Illegal exploitation of production forests is planted forests of 80 cubic meters (m3) or more of common plant wood or 50 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of production forests is natural forests 40 cubic meters (m3) or more of common plant wood or 30 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of protective forests is planted forests of 60 cubic meters (m3) or more of common plant wood or 40 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of natural forest protection forest 30 cubic meters (m3) or more of common plant wood or 20 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of special-use forests is planted forests of 40 cubic meters (m3) or more of common plant wood or 20 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of special-use forests is natural forests 15 cubic meters (m3) or more of common plant wood or 10 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals, Group IIA;
- Illegal exploitation of non-timber forest plants in the List of endangered, precious, and rare forest plants and animals in Group IIA worth VND 200,000,000 or more; common non-timber forest plants worth VND 400,000,000 or more;
- Illegal exploitation of timber belonging to the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals Group IA 04 cubic meters (m3) or more in production forests, 03 cubic meters (m3) or more in protective forests or 02 cubic meters (m3) or more in special-use forests;
- Illegal exploitation of non-timber forest plants on the List of endangered, precious, and rare species prioritized for protection or the List of endangered, precious, and rare forest plants and animals Group IA worth VND 120,000,000 or more;
- Illegally storing, transporting, processing or trading 06 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare species prioritized for protection or the List of endangered, precious, and rare forest plants and animals of Group IA or wood originating from foreign countries in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 40 cubic meters (m3) or more of wood belonging to the List of endangered, precious, and rare forest plants and animals of Group IIA or wood originating from foreign countries in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; 80 cubic meters (m3) or more of common forest plant species;
- Illegally storing, transporting, processing or trading in non-timber forest plants worth VND 1,200,000,000 or more.
In addition to the main penalties mentioned in sections 1, 2 and 3 of the article, individuals who commit crimes violating regulations on forest exploitation and protection and forest products may also be subject to an additional penalty of a fine from VND 10,000,000 to VND 50,000,000.
The 2015 Penal Code (amended and supplemented by the 2017 Penal Code) in Clause 3, Article 232 stipulates that each specific act of violating regulations on forest exploitation and protection and forest products can be punished with a maximum prison term of 05 to 10 years.
