The largest mining case in China
in June 2008, after being reported by the masses, the Department of land and resources of Guizhou Province organized an investigation team to investigate the suspected cross-border mining problem of Wangjiawan gold mine in Qinglong County. According to the investigation, Wangjiawan gold mine in Qinglong County has exceeded the approved mining area since 2005, but the mining has not been stopped by the local government and the administrative department of land and resources for many times. According to the investigation, there are 4 cross boundary stopes in Wangjiawan gold mine of Qinglong County, including 8 stockyards, roads, pools, temporary public sheds and other ancillary facilities. The 102 Geological Brigade of Guizhou bureau of Geology and mineral resources was entrusted to identify the amount of mineral resources damage caused by cross-border mining in the mine. It was confirmed that the amount of gold ore and metal mined out across the border was 34716 tons and 37841 grams respectively, and the value of mineral resources damage was 6149163 yuan
on the basis of full investigation and appraisal, the Department of land and resources of Guizhou Province has confirmed the illegal fact of cross-border mining in Wangjiawan gold mine of Qinglong County, and the value of mineral resources damage caused by cross-border mining is more than 100000 yuan. According to the provisions of article 343 of the criminal law and relevant judicial interpretation, it is suspected of the crime of illegal mining. In August 2008, the Department of land and resources of Guizhou Province transferred the case to the judicial organs with the letter of transfer of suspected criminal cases to investigate the criminal responsibility of the relevant responsible personnel< After collective discussion by the case trial committee of Guizhou Provincial Department of land and resources, the Provincial Department of land and resources revoked the mining license of Wangjiawan gold mine in Qinglong County in December 2008 after performing the proceres of administrative penalty notification and hearing notification
[analysis] this case is a cross-border mining case that caused serious loss of national mineral resources
Article 40 of the mineral resources law stipulates that those who mine beyond the scope of the approved mining area shall be ordered to return to the mining area for mining and compensate for losses, and the mineral procts and illegal income from cross-border mining shall be confiscated, and a fine may also be imposed; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and be investigated for criminal responsibility
the mining of Wangjiawan gold mine in Qinglong County has been stopped for many times by the local government and the administrative department of land and resources, which has caused serious damage to the national mineral resources, with a value of more than 100000 yuan. According to the provisions of Article 40 of the mineral resources law, article 343 of the criminal law and the interpretation of the Supreme People's Court on the specific application of law in the trial of criminal cases of illegal mining and destructive mining, the Department of land and resources of Guizhou Province has accurately determined the nature of the case. In view of the fact that the cross-border mining of the mine has been stopped for many times, but the mining has not been stopped, which has caused serious damage to the mineral resources, Guizhou Provincial Department of land and resources, after performing the legal proceres, made a punishment of revoking the mining license of the mine in accordance with the law, and transferred the involved personnel to the judicial organ for criminal responsibility, and the punishment is appropriate. The investigation of this case has effectively cracked down on the illegal act of "illegal mining with certificates" and standardized the order of mining mineral resources.
Case analysis of illegal mining crime
defendant Li, male, born on November 22, 1968, Han nationality, graated from primary school, lives in Shanggou village, Mojie Township, Yuzhou City, a farmer. He was detained by Yuzhou Public Security Bureau on March 23, 2004 for suspected illegal mining crime. He was arrested on April 21, 2004 and is now in Yuzhou detention center
the defender is Tian Junqi, a lawyer of Henan Jinpeng law firm< On September 7, 2004, Yuzhou people's Procuratorate charged the defendant Li with the crime of illegal mining with yujianxing (2004) No. 228 indictment. After examining and accepting the case, the court formed a collegial panel in accordance with the law and held a public hearing. Du Zhenyi, the prosecutor of Yuzhou people's Procuratorate, appeared in court to support the public prosecution, and the defendant Li and his defender Tian Junqi attended the lawsuit. The trial is now concluded
the people's Procuratorate of Yuzhou City alleges that from October 1997 to March 2004, the defendant Li mined the bauxite ore in the village without a mining license, resulting in the destruction of mineral resources, with a value of more than 300000 yuan
the defendant, Mr. Li, and his defenders argued that the defendant had already mined the mine by several people before contracting the mine, and the value of the indictment was too great, so they requested the court to give the defendant a lighter punishment
the trial found that: from October 1997 to March 2004, the defendant, Li, without a mining license, illegally exploited the state's mineral resources by organizing workers to exploit and contracting to others, resulting in the destruction of mineral resources, with a value of more than 300000 yuan
the evidence for determining the above facts includes the confession of the defendant Li, which proves the fact of mining bauxite without a license; The testimony of the witnesses Li Jinfa, Wang Qingnian and Li Minxuan is consistent with the confession of the defendant Li; The technical service center of Yuzhou Bureau of land and resources made a survey report on the defendant Li's mining pit, Yuzhou Bureau of land and resources made a request for the identification of Li's unlicensed mining, and Henan Provincial Department of land and resources made a confirmation letter on the survey report of the mine. After identification, Li destroyed the value of mineral resources by 604000 yuan. The above evidence, cross examined in court, is objective and true enough to be confirmed
the court held that the defendant, Mr. Li, violated the provisions of the mineral resources law by mining bauxite without a mining license, causing damage to mineral resources, and his behavior has constituted the crime of illegal mining. The accusation of the public prosecution organ should be supported. The defendant, Li Mou, and his defenders have different opinions on the amount of the charge, but they have not provided evidence to prove it. Their arguments are not supported because of insufficient reasons. In accordance with the provisions of article 343, paragraph 1, Article 52 and Article 53 of the criminal law of the people's Republic of China, the judgment is as follows:
the defendant Li, who committed the crime of illegal mining, was sentenced to fixed-term imprisonment of one year and a fine of 2000 yuan, and paid within 10 days after the judgment came into effect
(the term of sentence shall be calculated from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention is equivalent to one day of sentence, that is, from March 23, 2004 to March 22, 2005.)
if you are not satisfied with this judgment, you can appeal directly to Xuchang intermediate people's Court of Henan Province through this court within 10 days after receiving the judgment. If you appeal in writing, you should submit one original and two copies of the appeal petition
Whoever mines without a mining license, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance
according to Article 343 of the criminal law [crime of illegal mining; Whoever, 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 special 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, A fine shall be imposed concurrently or only
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, mines 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 on Several Issues concerning the specific application of law in the trial of criminal cases of illegal mining and destructive mining, Article 1 if an illegal mining violates the provisions of the mineral resources law and has one of the following circumstances, and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources, the provisions of the first paragraph of article 343 of the criminal law shall apply, Conviction and punishment of illegal mining crime:(1) mining without mining license
(2) mining in the state planned mining areas, mining areas of great value to the national economy and other mining areas without authorization (3) unauthorized mining of specific minerals that are protected by the state regulations
(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) (5) other situations of mining mineral resources without obtaining mining license extended data
according to Article 3 of 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, the implementation of illegal mining has one of the following circumstances, (1) the value of the mined mineral procts or the value causing damage to the mineral resources is more than 100000 yuan to 300000 yuan
(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 for which protective mining is prescribed by the state, or mining in a prohibited mining area or period, with the value of the mined mineral procts or causing damage to mineral resources ranging from 50000 yuan to 150000 yuan or more (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) if the amount of illegal mining is 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 serious circumstancesArticle 6 the value of the damage to mineral resources caused is between 500000 yuan and more than one million yuan, or the value of the damage to mining areas planned by the state, mining areas of great value to the national economy, and specific mineral resources for which protective mining is prescribed by the state is between 250000 yuan and 500000 yuan, It should be recognized as "causing serious damage to mineral resources" in the second paragraph of article 343 of the criminal law
1. The maximum penalty is seven years, depending on the seriousness of the case
Article 343 of the criminal law; Whoever, 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 special 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, A fine shall be imposed concurrently or only; 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
extended data:
1. The above has analyzed the difficulties and embarrassments faced by the illegal excavation of sand and stone, but we can not deny the rationality of the application of theft to the illegal excavation of sand and stone because of these difficulties and embarrassments
According to the cases investigated by the Department of land and resources and the Public Security Bureau and the cases sentenced by the court, in addition to illegal mining, in practice, there are cases of unauthorized change of the nature of land use and illegal sand mining for profit after obtaining the land use right by leasing or contracting. Because of the different nature of land use in advance and the different objects of illegal sand mining infringement, this kind of situation can no longer be treated as theft In the case of conviction and punishment of the crime of illegal occupation of agricultural land, the amount of illegal sand mining on the land with usufructuary right is not large, but the use of the occupied land is changed, resulting in a large number of farmland, woodland and other agricultural land damaged, which is in line with the constitutive requirements of the crime of illegal occupation of agricultural land, and should be treated as the crime of illegal occupation of agricultural land. To define this kind of behavior as the crime of illegal occupation of agricultural land is in line with the legislative purpose of the crime of protecting the use of agricultural land, and to distinguish it from the behavior of illegal sand mining on the land that others have the right to use, so as to achieve the purpose of adapting crime, responsibility and punishment In very few cases, illegal excavation of sand and stone may also endanger public security. Generally speaking, the perpetrator in this case holds a laissez faire attitude towards endangering public security. For example, if the actor illegally picks sand (backfilled with clay or garbage) in the public green space or public passage within the scope of his own development of construction land, and there are other residential houses near the sand picking place, the actor still picks sand knowing that his sand picking behavior may endanger the safety of nearby residential houses. If it causes other people's houses to collapse, it can be convicted and punished for the crime of endangering public security by other dangerous meansaccording to the explanation of the two high-tech instries,
(1) if the value of mineral procts mined or the value of mineral resources damaged is between 100000 yuan and 300000 yuan, the circumstances are serious< (1) the amount is more than five times the amount specified in Items 1 and 2 of the preceding paragraph; The plot is particularly serious
therefore, if the mining has reached 1.4 million, the plot is particularly serious
the sentencing standard is 3-7 years
if it is not a "particularly serious case" or a first-time offender, and can return all the stolen goods and compensation, actively repair the environment, and indeed show repentance, it can be considered that the crime is minor, without prosecution or exemption from criminal punishment
therefore, you should try your best to prove that you do not belong to the circumstances that are particularly serious, but to the 1.4 million yuan of damage to mineral resources
secondly, we should emphasize the characteristics of the first offender, actively return the stolen goods and express the willingness to repent
the case information is not clear, the answer is for reference only, please consult the local lawyer for specific matters.