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New Year, Huizhou City, Guangdong Province Wei-Liang Chen and Zeng Hui District farmers will be strong in the walls of living more than eight months later, out of the detention center door. Due to illegal felling of trees more than 100 trees, they were sentenced to four years the Court of First Instance. However, the second instance verdict surprising: commuted to three years in prison,woolrich sito ufficiale, suspended for five years and fined 50,000 yuan, more "interesting" is also compulsory afforestation 10 acres. After the second instance verdict, two police cars were immediately sent to the afforestation site.
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According to reports,maillot basket, in March 2010, Wei-Liang Chen, who will be strong without the approval of the competent department of forestry, illegal logging without hiring workers baidunzi Woodland collectively owned trees,moncler sito ufficiale, and the illegal sale. Field measurements by the forestry sector, logging slash range of 5.5 acres, felling forest volume is 27 cubic meters.
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Hui District Court of First Instance that the two ignore state laws, illegal possession for the purpose of collective forest farms all gang illegal felling of trees, a huge amount,moncler outlet, his behavior constituted the crime of illegal felling of trees. First Instance found the defendant Chen Weiliang, who committed illegal felling of trees will be strong crime, he was sentenced to four years and fined 3,000 yuan.
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After the verdicts, the two refused to accept the Huizhou Intermediate People's Court of Appeal. Hui District Procuratorate that the defendant does not reach the amount of illegal felling of trees great standard, but also to lodge a protest.
During the second trial, Wei-Liang Chen, who will be strong repentance to the judge repeatedly expressed its willingness to take practical action to replant trees were their own damage on trees to make up for their sins. They also signed a promise to a judge willing to accept damaged trees five times the penalty, according to the geographical delineation of the forestry sector to replant trees.
Huizhou Intermediate People's Court upheld the view that,oakley occhiali da vista, according to the Supreme Court explained: illegal felling of trees "huge number" to 20-50 cubic meters or saplings 1000-2000 as a starting point. In the case of the Guangdong High Court not established the exact number of first instance correctly applies the law to protest authorities and counsel that the first-instance judgment belongs to the applicable law of the protest and improper grounds of appeal, it shall not be accepted. However, given the appellant a good attitude,chaussure zanotti, show repentance and promise to plant trees in the forestry sector within the region designated to ensure the survival, not further harm to society, can probation.
So Huizhou Intermediate Court verdict: upheld the judgment of Chen Weiliang, who will be part of a strong conviction, revocation sentencing part, the two were sentenced to three years in prison, suspended for five years and fined 50,000 yuan. By Lin Cheng-sector accounts, according to Wei-Liang Chen, who will be five times stronger deforestation calculations need to be planted 500 trees, planted 500 trees in accordance with the desired area, Huizhou Municipal Bureau of Forestry designated the 10 acres of forest as the two men planting saplings to fulfill region.
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Results for the second trial, it was questioned,occhiali da vista, the court is full of randomness, people above the law, they change undermine the dignity of law; others believe that the trial court is "humane action",juicy bracelets, in line with the spirit of innovation and justice, these practices should be promotion.
[Respond] judge
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Fulfill social obligations in favor of investigators effect
During the second trial, we learned that two of the accused family background and living environment, their crime is aimed to "livelihood." Illegal felling of trees in the local more common as a typical case, we have the defendant sentenced to "non-custodial sentence" to increase economic punishment, and ordered its afforestation fulfill social obligations, is hoped to recoup their losses at the same time, serve to educate the role of the masses.
It tells us the way the case is concluded, apply non-custodial sentence on the case, but also consider the defendant be ordered to fulfill certain obligations, so that the society against criminal acts be remedied to a certain extent,jordan enfant, in order to obtain the best effect investigators.
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Huizhou Intermediate People's Court Criminal Tribunal Chen Jian
[Local response]
Replant trees effect can accept
Two accused Pirates cut trees, some trees were cut down for almost ten years old,gucci occhiali da vista, as a forestry manager, indeed feel deep grief. Now, the court defendants on probation,adidas, and ordered them to replant trees on five times, in this way is very good, on the one hand can be labor education, on the other hand it can be more trees,louboutin soldes 2012, more afforestation, environmental protection for the benefit of the village.
Hui District, Hengli Town Forest Zhanfuzhanchang Huang Wenbin
[Experts]
It must improve supervision to prevent "money commutation"
This approach the case from the concept of restorative justice, laws to punish the perpetrators,giuseppe zanotti talons hauts, while also hoping to "remedy the situation" so that the offender rehabilitation and return to society. In recent years, China's implementation of "combining punishment with leniency" of the criminal trial in the judicial policy and practice to promote the "criminal reconciliation" and so on, but also to some extent absorbed the concept of restorative justice.
Restorative Justice Without constraints related systems, it may spawn corruption, affect the legal dignity and other phenomena, such as generating "money commutation" problem. Therefore, restorative justice requires a series of supporting measures,gucci occhiali da sole, enforcement of judgments must be made by the community, the village collective and other multi-sectoral linkage, with the completion, and now these areas are relatively weak, it may be difficult to implement to achieve the desired effect.
Guangdong Province Masataka Gao Ji, director of law firm
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