Robin Hood tree felled: Four years in prison for British perpetrators – would that also be possible in Germany?

They arrived in the middle of the night to fell the magnificent sycamore with a chainsaw. Two men from Great Britain have now been sentenced to more than four years in prison for their actions. The tree they felled was famous. The approximately 150-year-old "Sycamore Tree," as it was known in English, stood right next to the remains of Hadrian's Wall: a Roman-era stone wall that is a UNESCO World Heritage Site and was damaged when the tree was felled.

Due to its location in a hollow hill, visible from afar, it became a popular photographic and even film subject. It can be seen in the 1991 film adaptation of the Robin Hood legend starring Kevin Costner. For many people, the "Robin Hood Tree" held special significance. Weddings were held beneath it, and some people scattered the ashes of their loved ones there.

A popular photo subject: the “Robin Hood Tree” before it was felled.

Source: imago images/Ardea

All of this factored into the sentence. In addition, the men apparently wanted to attack the tree precisely because of its fame – so that they could later enjoy the media coverage. The act, which is considered "criminal damage" under British law, could have been punished with a lesser sentence. However, the judge justified the harsh sentence with the social significance of the sycamore. The tree was a landmark for the region and a symbol of the "beauty of untamed nature," as well as a place of special personal significance for many people as a place for marriage proposals and commemorations.

The verdict is met with considerable approval online: "They got what they deserved. Hopefully this serves as a warning to other vandals out there," writes one user on the internet platform Reddit . Another commented: "It seems right to me. It's just a tree, but also an attack on regional culture and identity. It deserves a severe punishment."

But there are also dissenting voices: "The fuss about a single felled tree is crazy," says another. One user points to a double rapist who was sentenced to a lesser sentence. The sentence is divisive.

However, anyone who causes damage to a culturally or historically significant site is usually punished severely. Prison sentences are possible, as is the case in other countries, such as Italy.

In 2014, a Russian tourist made headlines for carving the initial of his name into the wall of the Colosseum. He was sentenced to a €20,000 fine and a four-month prison sentence, which was suspended. However, under Italian law, damage to archaeological cultural assets can also be punished with up to five years in prison.

In any case, the example didn't deter others. In fact, other tourists later followed the Russian's example and were caught by the police. Two years ago, for example, a Bulgarian fitness trainer used a key to carve "Ivan + Hayley 23" into a wall of the Colosseum – and was filmed doing so. The video went viral, and the man was tracked down at his home in Great Britain. He subsequently apologized repeatedly, claiming he hadn't known it was an ancient building. His fine: €20,000.

A British man and a Canadian woman were lucky when they sprayed graffiti on an old city wall in the Thai city of Chiang in May 2018. They left behind the initial of their names (B for Brittney) and the words "Scouser Lee," a term for the residents of Liverpool. The British man, who admitted to being under the influence of alcohol, made a typo.

Both got off with a comparatively small fine of approximately €5,500. According to Thai police, comparable offenses there can be punished with up to ten years in prison. The city-state of Singapore is known for its draconian punishments. In 2015, two Leipzig residents were sentenced to nine months in prison and three strokes of the cane for graffiti. They hadn't sprayed graffiti on a historical site, but rather on the cars in a subway depot.

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But what punishment can one expect in Germany if one cuts down a historically significant tree or commits vandalism in special places?

The unlawful felling of a tree is an administrative offense in Germany. Fines vary regionally. The minimum fine for felling a single tree is 50 euros in many federal states. According to the catalog of fines, the maximum can be up to 5,000 euros (Bavaria) or even 50,000 euros (Hamburg). More serious violations of nature conservation laws, however, can also be a criminal offense. For example, the commercial hunting of beavers, a strictly protected species, can be punished in Germany with a prison sentence of up to five years.

However, the fellers of the Robin Hood tree were not primarily punished in Great Britain for their environmental sinners. Rather, the site's special significance for many people proved their downfall. And in Germany, such an act could also influence legal practice. For example, ordinary damage to property is punishable under Section 303 of the German Criminal Code (StGB) by a prison sentence of up to two years or a fine.

However, Section 304 also lists "harmful damage to property." This includes, among other things, damaging gravestones, public monuments, or natural monuments. This can be punished with a prison sentence of up to three years.

Even under German law, the emotional significance of the damaged object for other people can be taken into account. Despite this, a four-year prison sentence for felling a tree is likely to remain an exception in case law. Forums also point out that under British law, perpetrators can be released after serving 40 percent of their sentence.

There's good news for all fans of the Robin Hood tree: a new sycamore maple will grow in the same spot. Almost two years after it was felled, fresh shoots are already sprouting from the tree stump.