Written reply to relevant issues applicable to article 344 of Criminal Law of PRC by The Supreme People’s Court and The Supreme People’s Procuratorate
(Adopted by No.1783 plenary session by Judicial Committee of the Supreme People’s Court on Nov.19, 2019 and No.32 plenary session by 13th Procuratorial Committee on Jan.13, 2020 and put into force on March 21, 2020)
To High People’s Court, People’s Procuratorate, PLA Military Court, Military Procuratorate in every Province, Autonomous Region and Municipality directly under Central Government, Branch Court of Production and Construction Corps affiliated to High People’s Court of Xinjiang Uygur Autonomous Region and People’s Procuratorate of Xinjiang Production and Construction Corps:
After deliberation, the written reply to relevant issues on request for application of article 344 of criminal law from high people’s courts and people’s procuratorates in provinces, autonomous regions and municipalities directly under the central government is as follows:
1.The ancient and famous trees and wild plants included in the List of Wild Plants under Special State Protection are precious trees or other plants under special state protection stipulated in article 344 of criminal law.
2.According to the provisions of Regulation of Wild Plant of PRC. Wild plants are limited to indigenous plants in native range. The artificially cultivated plants, except for ancient and famous trees, are not precious trees or other plants under special state protection stipulated in article 344 of criminal law. Where illegal logging, destroying or illicit purchasing of artificially cultivated plants (except for ancient and famous trees) constitute crime of illegal chopping down trees, crime of illegal denudation, crime of illicit purchase, crime of illegal transportation and chopping of trees, crime of deforestation, all those related to the above-mentioned crimes shall be investigated for their criminal liability according to relevant law.
3.All those related to illegal transplant of precious trees or other plants under special state protection to constitute a crime with criminal liability to be investigated shall be convicted of illegal logging of plant under special state protection and punished according to the provision of article 344 of criminal law.
Whereas there is discrepancy between illegal transplant and illegal logging in extent of social harm, regarding the behavior of illegal transplant of precious trees or other plants under special state protection, when it comes to judging whether such behavior constitutes a crime and sentencing thereof, it is necessary to take the preciousness of the plant, purpose of transplant, means of transplant, number of transplant, damage to ecological environment and social hazard into consideration for comprehensive valuation so as to ensure compatibility of crime, responsibility and punishment.
4. The written reply takes effect on March 21, 2020, in case of discrepancy between the previous judicial interpretation the written reply, the written reply shall prevail.
Source: Official website of the Supreme People’s Court