Abstract Book of the 8th World Conference on Social Sciences
Year: 2025
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Felling trees in the forest in the light of Polish criminal law
Katarzyna Banasik
ABSTRACT:
The subject of the article is the issue of unlawful felling of trees in the forest. In Poland, trees growing in the forest are under special protection of criminal law. The author’s intention is to analyze and evaluate the regulations of Polish criminal law sensu largo (covering crimes and petty offences) concerning the issue of unlawful felling of trees in the forest. The author examines when the perpetrator of unlawful felling of trees in the forest commits a crime and when – a petty offence, and determines what type of crime or petty offence is involved. The author also determines what actions the behaviour of the perpetrator of the prohibited act in question may involve and checks whether the term “forest theft” used in the context of this act is adequate. The aim of the analysis is also to examine whether the owner of the forest can fell trees in the forest belonging to him without any restrictions. The author begins the analysis by explaining the concepts of “forest” and “forest land” and distinguishing a tree from wood. Then the author analyzes the issue of felling trees in someone else’s forest, starting with felling for the purpose of misappropriation. The author explains the term “felling” and refers to the name “forest theft”. Next, the author analyzes the issue of felling trees in one’s own forest. In the next part of the article, the author presents the measures of criminal reaction that threaten the perpetrator of felling trees in the forest. At the end of the article, the author presents final conclusions. Using a formal-dogmatic research method, the author analyzes the relevant provisions of the Penal Code and the Petty Offences Code, as well as the literature on the subject and case law. The author also refers to the provisions of the Forest Act, the Act on the Protection of Agricultural and Forest Lands, and the Act on the Protection of Nature. As a result of the analysis, the author makes several de lege ferenda postulates regarding the amendment of the Penal Code and the Petty Offences Code, as well as the Forest Act.
Keywords: Criminal law protection, Forest Act, hybrid offence, misappropriation, Penal Code