Mining sentencing
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>
According to the provisions of article 343 of the criminal law of the people's Republic of China, those who, in violation of the provisions of the mineral resources law, mine without a mining license, enter the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization shall mine the specific minerals for which protective mining is prescribed by the state without authorization
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 According to Article 42 of the detailed rules for the implementation of the mineral resources law of the people's Republic of China, those who are fined in accordance with articles 39, 40, 42, 43 and 44 of the mineral resources law shall be subject to the following provisions respectively:< P > those who mine without obtaining a mining license shall enter the state planned mining area without authorization 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, shall be fined less than 50% of the illegal income
according to Article 39 of the mineral resources law of the people's Republic of China, those who, in violation of the provisions of this law, mine without a mining license, enter the state planned mining area, mine within the mining area of great value to the national economy, and mine specific minerals that are protected by the state
order to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also impose a fine; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the relevant provisions of the criminal law
Units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraphextended information:
Case: two men in Changjiang mining without license were sentenced
the Changjiang Court concluded a gang crime of illegal mining of river sand. The defendants Wu and Fu were sentenced to one year and six months' imprisonment and one year's imprisonment respectively for the crime of illegal mining, and were fined 20000 yuan respectively
after the trial, the court found that the defendant Wu and mai (handled separately) signed an agreement with a villager of Changshan village committee of Haiwei town and paid relevant fees to the villager without the approval of relevant departments and the issuance of "river sand mining license" and "mining license"
in March 2015, the defendant Wu rented the sand pumping boat of the defendant Fu for sand mining. Fu, knowing that Wu had no legal sand mining certificate, still provided two sand extraction boats and workers to help Wu mine river sand
after Hainan fair judicial appraisal center identified the seized sand sales bills of wumou sand quarry, the sales volume of river sand in the sand quarry was 6463 cubic meters, resulting in the loss of mineral resources of 161575 yuan, and the sales volume of river sand mined by Fumou sand pumping vessel was 2625 cubic meters, resulting in the loss of mineral resources of 65625 yuan
According to the investigation, the defendant Wu, together with Mai Qiufeng, worked in partnership to mine river sand and was actually responsible for the management of the sand field involved in the case, which played an active role in the joint crime. The Changjiang court held that the defendants Wu and Fu violated the provisions of the mineral resources law and exploited mineral sand without obtaining a mining license. Among them, the defendant Wu caused a loss of mineral sand resources of 161575 yuan and the defendant Fu caused a loss of mineral sand resources of 65625 yuan, both of which were serious cases. The actions of the two defendants constituted the crime of illegal mining, so the court made the above judgmentGeForce FX 5700 ULTRA
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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< According to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the application of law in handling criminal cases of illegal mining and destructive mining, Article 2 shall be deemed as "without mining license" as stipulated in the first paragraph of article 343 of the criminal law in case of one of the following circumstances:
(1) without license< (2) the license is cancelled, revoked or revoked< (3) exceeding the mining area or mining area specified in the license
(4) minerals beyond the license (except symbiotic and associated minerals); and< (5) other cases without license< (1) the value of the mined mineral procts or the value of the damage to the mineral resources is between 100000 yuan and 300000 yuan; and
(2) mining in a state planned mining area or a mining area of great value to the national economy, mining a specific type of mineral specified by the state for protective mining, or mining in a prohibited mining area or period, where the value of the mined mineral procts or the value of causing damage to mineral resources is more than 50000 yuan to 150000 yuan< (3) having received more than two administrative punishments for illegal mining within two years, and then carrying out illegal mining activities< (4) causing serious damage to the ecological environment< (5) other serious circumstances< (1) the amount of the illegal mining shall be more than five times of the standard specified in Items 1 and 2 of the preceding paragraph; and< (2) causing particularly serious damage to the ecological environment< (3) other circumstances that are particularly serious< Article 4 sand mining within the scope of river management shall be convicted and punished as the crime of illegal mining under any of the following circumstances, which is in line with the provisions of the first paragraph of article 343 of the criminal law and articles 2 and 3 of this interpretation:
(1) license for sand mining in river course shall be obtained according to relevant provisions, but license for sand mining in river course is not obtained
(2) according to relevant regulations, a river sand mining license and a mining license should be applied for, but neither a river sand mining license nor a mining license has been obtained
although the act specified in the preceding paragraph does not have the circumstances specified in the first paragraph of Article 3 of this interpretation, but seriously affects the stability of the river regime and endangers the safety of flood control, it shall be regarded as "serious circumstances" specified in the first paragraph of article 343 of the criminal law.