How is the crime of violating regulations on forest management regulated under the Penal Code?
(Baonghean.vn) - How is the crime of violating regulations on forest management regulated under the current Penal Code? Where can I find out more about this issue in legal documents? The issue of concern of Ms. Le Kim Oanh (Do Luong, Nghe An).
Reply: Pursuant to the provisions of Article 233 of the current Penal Code (2017 Penal Code), the crime of violating regulations on forest management and protection is stipulated as follows:
1. Anyone who takes advantage of or abuses his/her position or power to commit one of the following acts shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Illegal forest allocation, forest recovery, and forest leasing from 20,000 square meters (m2) to below 25,000 m2for production forests; from 15,000 m2below 20,000 m2 for protective forests or from 10,000 m2 below 15,000 m2 for special-use forests;
b) Allowing illegal conversion of forest use purposes from 10,000 m2 below 12,500 m2 for production forests; from 7,500 m2 below 10,000 m2 for protective forests or from 5,000 m2 below 7,500 m2 for special-use forests;
c) Allowing illegal exploitation and transportation of forest products in one of the cases specified in Clause 1, Article 232 of this Code;
d) Illegal forest allocation, forest recovery, forest lease, allowing illegal conversion of forest use purposes or allowing illegal exploitation and transportation of forest products below the level prescribed in Point a, Point b of this Clause and Points from Point a to Point l, Clause 1, Article 232 of this Code but having been disciplined for one of the acts prescribed in this Article and still violating.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 07 years:
a) Organized;
b) Committing the crime two or more times;
c) Illegal forest allocation, forest recovery, and forest leasing from 25,000 m2 below 40,000 m2 for production forests; from 20,000 m2 below 30,000 m2 for protective forests or from 15,000 m2 below 25,000 m2 for special-use forests;
d) Allowing illegal conversion of forest use purposes from 12,500 m2 below 17,000 m2 for production forests; from 10,000 m2 below 15,000 m2 for protective forests or from 7,500 m2 below 12,000 m2 for special-use forests;
d) Allowing illegal exploitation and transportation of forest products in one of the cases specified in points a to l, Clause 2, Article 232 of this Code.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 12 years:
a) Illegal forest allocation, forest recovery, and forest leasing of 40,000 m2 or more for production forests; 30,000 m2 or more for protective forests or 25,000 m2 or more for special-use forests;
b) Allowing illegal conversion of forest use purposes of 17,000 m2 or more for production forests; 15,000 m2 or more for protective forests or 12,000 m2 or more for special-use forests;
c) Allowing illegal exploitation and transportation of forest products in one of the cases specified in Clause 3, Article 232 of this Code.
4. The offender may also be fined from VND 10,000,000 to VND 100,000,000 or banned from holding certain positions from 01 to 05 years.
Thus, for the crime of violating regulations on forest management, the highest prison sentence is up to 12 years.
