How long does illegal mining detain sentence

1. The planners, the organizers, the investors and the beneficiaries of illegal mining, as the principal criminals or even the first criminals in the joint crimes, are the focus of the crackdown. However, for those who are employed to do manual work and only get remuneration, but not participate in profit distribution, in practice, they are often punished only according to general illegal acts
strictly speaking, the above practice is against the original intention of the legislation, because article 343 of the criminal law does not stipulate that only the organizers, not the participants, should be punished for illegal mining activities. It is not concive to cracking down on the crime of illegal mining that people other than organizers are not punished as crimes. Of course, although the general participants, especially the front-line workers who sell coolies, know that they are engaged in illegal mining activities, they are all punished as crimes, which is obviously unfair. Therefore, in addition to the organizers, planners, investors and beneficiaries, other members of the joint illegal mining crime should be treated differently according to their role in the joint crime, the length of their participation and the performance after the crime.

2. The crime of illegal mining can be punished by a single fine, and it's all up to the chief judge's personal will to find someone to do something about it
Article 343 of the criminal law of the people's Republic of China who, in violation of the provisions of the mineral resources law, mines without a mining license, enters a mining area planned by the state, a mining area of great value to the national economy, or another person's mining area, or mines a specific type of mineral for which protective mining is prescribed by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years Criminal detention or public surveillance shall be imposed with or without a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined
Whoever, in violation of the provisions of the mineral resources law, exploits mineral resources by destructive mining methods, thus causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.

3.

According to Article 343 of the criminal law, anyone who, in violation of the provisions of the mineral resources law, mines without obtaining a mining license, enters a state planned mining area, a mining area of great value to the national economy, or another mining area for mining without authorization shall mine the specific minerals that the state stipulates to be protected

Those who refuse to stop mining after being ordered to stop mining, thus causing damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; Whoever causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined

Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined

extension

case: illegal mining in Lu Xin a quarry reached more than 90 thousand tons, and 2 suspect were detained according to law! p> On November 21, 18, the Public Security Bureau of Wuxuan County successfully cracked an illegal mining case and detained two suspects, thus avoiding the massive loss of national mineral resources

after investigation, the police quickly got the suspect, tan and Wuxuan two people to gain high profits. In April 2015, the quarry went beyond the mining area illegally in the ancient Hang Village of Lu Xin town in Wuxuan. The two of them still don't know how to repent and continue illegal mining

After the appraisal by Laibin Geological Survey Institute, the illegal mining amount of Qin and Wei reached more than 90000 tons, and the amount of illegal profits reached more than 1.5 million, which seriously damaged the national mineral resources

After many times of police work and persuasion, two suspects, Qin and Wei, surrendered to the public security organ on November 21< At present, Br />

suspect Wei Mousheng and Tan have been arrested in accordance with the law. p>

4.

Whoever commits the crime of illegal mining, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. As a migrant worker, may constitute an accomplice, for accomplice, Article 27 of the criminal law, should be lighter, mitigated punishment or exemption from punishment

< H2 > law link: Article 343 of the criminal law [crime of illegal mining]

in violation of the provisions of the mineral resources law, mining without a mining license, entering the state planned mining area, mining areas of great value to the national economy and other mining areas, or mining specific minerals for protective mining as stipulated by the state, if the circumstances are serious, They shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined

Those who, in violation of the provisions of the mineral resources law, exploit mineral resources by destructive mining methods, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined

5. 400 Kalu to swim

6. At first, it is three days, then it can be extended to seven days, and it can be extended to 30 days under special circumstances. For example: if the object is a case of one person, the maximum period of criminal detention is seven days. After seven days, it will be transferred to arrest (if there is no evidence, it will be transferred to l pending trial). If more than one person is suspected of committing a crime or fleeing to commit a crime, the maximum period of criminal detention can be extended to 30 days. After 30 days, it is very common to turn to arrest (if there is no evidence, it will turn to l or criminal detention). In the process of criminal detention, it is also very common to meet early release or turn to l, which should be seen according to the specific situation. Public security detention is a kind of administrative punishment, which is punished according to the law of the people's Republic of China on public security management punishment. The specific detention period is clearly stipulated in the law

criminal detention can also be transferred to l within 15 days. Criminal detention itself is not a punishment. According to the evidence of the case, it can be transferred to l or arrest.

7. Yes, definitely

8. Participating in the operation should be an accomplice and need to bear criminal responsibility. The crime of illegal mining, according to the first paragraph of article 343 of the criminal law of the people's Republic of China, violates the provisions of the mineral resources law, mines without a mining license, enters the state planned mining areas, mining areas of great value to the national economy and other mining areas, Or mining, without authorization, the specific minerals for which protective mining is prescribed by the state< According to the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing criminal cases under the jurisdiction of public security organs (1), Article 68 [illegal mining cases (article 343, paragraph 1 of the criminal law)] in violation of the provisions of the mineral resources law, mining without a mining license, or entering a state planned mining area, or Anyone who mines in a mining area of great value to the national economy or within the mining area of another person, or arbitrarily mines a specific type of mineral for which protective mining is prescribed by the state, thus causing damage to mineral resources with a value of more than 50000 to 100000 yuan, shall file a case for prosecution< (1) mining mineral resources without a mining license< (2) continuing to exploit mineral resources after the mining license has been cancelled or revoked< (3) mining mineral resources beyond the mining area specified in the mining license< (4) mining mineral resources not in accordance with the minerals specified in the mining license (except symbiotic and associated minerals); and< (5) other situations of mining mineral resources without mining license

mining without permission ring the period when the mining license is suspended according to law is regarded as "mining without permission without obtaining the mining license"

the amount of value resulting in the destruction of mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification[ 1]

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