Inner Mongolia Procuratorate and Forestry Bureau Issue Joint Guidelines on Linking Administrative and Criminal Procedures for Forestry and Grassland Resource Cases

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Yesterday

The People's Procuratorate of Inner Mongolia Autonomous Region and the Autonomous Region's Forestry and Grassland Bureau have jointly issued the "Guidelines for Linking Criminal Cases Back to Administrative Procedures in the Field of Forestry and Grassland Resources of Inner Mongolia Autonomous Region" (hereinafter referred to as the "Guidelines"), providing practical operational guidance for standardizing the handling of reverse linkage work between criminal and administrative procedures involving forestry and grassland resources.

The "Guidelines" cover five aspects 鈥?case handling principles, legal application rules, boundaries of penalty discretion, evidence transformation and mutual recognition, and follow-up supervision 鈥?comprising fifteen measures in total.

The "Guidelines" emphasize that procuratorial organs and forestry and grassland departments, when handling reverse linkage cases between criminal and administrative procedures in the field of forestry and grassland resources, should adhere to the principles of strict legality, objectivity and fairness, proportionality of punishment to the offense, and coordinated efficiency; they should embrace the concept of restorative law enforcement and justice, upholding the principles of ecological priority, restoration as the primary approach, and punishment as supplementary.

The "Guidelines" require that procuratorial organs and forestry and grassland departments strengthen consultation and analysis regarding legal application, penalty discretion, evidence transformation, and penalty execution when handling reverse linkage cases between criminal and administrative procedures in the field of forestry and grassland resources, so as to unify law enforcement and judicial handling standards.

The "Guidelines" specify that when forestry and grassland departments handle cases involving forestry and grassland resources, wildlife protection, and other matters, and apply special laws to impose fines, they must properly grasp the applicable relationship between relevant legal norms and the Administrative Penalty Law; they must comprehensively assess circumstances such as the actor's subjective fault, harmful consequences, and restoration and rectification, accurately apply provisions for lighter, reduced, or waived penalties, and avoid situations of "improper proportionality between offense and punishment."

The "Guidelines" propose that physical evidence, documentary evidence, audio-visual materials, testing reports, appraisal opinions, and other materials lawfully collected by forestry and grassland departments, public security organs, and procuratorial organs during case handling may be transformed, mutually recognized, and used after review confirms compliance with legal provisions and technical specifications.

The "Guidelines" regulate that when forestry and grassland departments receive a "Procuratorial Opinion Letter," they must provide feedback on the case handling results or progress within the reply period; procuratorial organs should continuously track the handling of procuratorial recommendations, and where disagreements exist, should communicate with forestry and grassland departments. Where circumstances are urgent and immediate action is required, the reply deadline may be determined based on actual conditions. Procuratorial organs should strengthen follow-up supervision over the execution of administrative penalties to ensure they are fully enforced.

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