TY - JOUR
TI - Prawnokarna ochrona drzew
AU - Zientara, Anna
TI - Prawnokarna ochrona drzew
AB - 
	Penal law protection of trees

	The article presents criminal law provisions that penalize the destruction or damage of trees. Only some of them protect trees as an essential element of nature. Other provisions primarily protect property, which includes trees as part of real estate. The analysis carried out in the study found that the legal protection of trees largely depends on the location where the tree grows. Some regulations apply to trees growing in forests, others to trees located in protected areas such as national parks, and others to trees located, for example, along the roadside. 

	The study also presents the problem of the classification of a certain factual state and the conjunction of regulations. In many cases, the classification as a crime or a misdemeanor will be determined by whether a specific behavior resulted in substantial damage, which is an evaluative criterion. Also addressed is the problem of wobbler offenses, including the difficulty of determining the value of stolen timber or the amount of damage when a tree is destroyed or damaged.
VL - 2022
IS - 3 (32)
PY - 2022
SN - 2392-1943
C1 - 2720-3670
SP - 85
EP - 100
DO - 10.4467/23921943RP.22.050.17133
UR - https://ejournals.eu/czasopismo/radca-prawny/artykul/prawnokarna-ochrona-drzew
KW - drzewa; ochrona; prawo karne; wyrąb; przyroda; uszkodzenie; zniszczenie; las; trees; protection; criminal law; logging; nature; damage; destruction; forest