Unauthorized mining sandstone 5979 cubic meters of them were sentenced to illegal mining

Author:Sichuan rule of law Time:2022.06.14

Newspaper (Tan Ying and Chen Xin All Media Reporter Yong Jianbo) Recently, the environmental resource tour trial court of Guang'an District Court of Guang'an City entered the ecological restoration base of Yibi River, and opened the trial of Xiong Moumou and Yang Moumou in accordance with the law. In the case, Xiong Moumou and Yang Moumou were sentenced to illegal mining, and they were sentenced to 1 year in prison for Xiong Moumou and Yang Moumou. Regarding the liability for civil compensation, the defendants Xiong Moumou and Yang Moumou have compensated for the loss of 654,800 yuan in national mineral resources.

From July 2015 to April 2018, Xiong Moumou and Yang Moumou hired workers to use machine cutting in a village in a village in a village in a town in a town of a town in a town of a town in a village in a village in a village in a village in a village in a village in a town of Then, the pier stones are processed into stone products such as fine strip stone, roadside stone, and thin slice stone for sales profit. The Geological Team of the Sichuan Geological Mineral Explanation and Development Bureau verified that: Xiong Moumou and Yang Moumou's mining of sandstone resources was 5979 cubic meters. It was identified by the Judicial Appraisal Institute of Chongqing Guoreng Mineral Resources, and the value of Xiong Moumou and others illegally mining sandstone caused the destruction of mineral resources to RMB 654,800.

After the incident, the Guang'an District Procuratorate on the grounds that Xiong Moumou and Yang Moumou were suspected of illegal mining and caused the loss of ecological resources, and filed a criminal attached civil public interest lawsuit in accordance with the law, requesting the court to judge Xiong Moumou and Yang Moumou in accordance with the law. The national mineral resources were lost by 654,800 yuan.

According to Yang Jun, the trial chief of the Environmental Resources Tour trial of the Guang'an District Court, in this case, the defendants Xiong Moumou and Yang Moumou did not obtain mining licenses to mining ore without permission. In severe, its behavior constitutes the crime of illegal mining, the facts are clear, and the evidence is conclusive. Considering that Xiong Moumou and Yang Moumou have a frank, confession and confession plot, and actively refund the economic losses. judgment.

● Judge says

Mineral resources are scarcity, exhaustion, and non -renewable resources, and must be cherished, effectively protected, and rationally used. The state prohibits any organization or individuals from illegally occupying or destroying mineral resources by any means. Protecting natural ecology and cherishing environmental resources is the traditional virtue of the Chinese nation, and it is also the legal obligation of every citizen. Anyone and unit should prevent and reduce damage to the ecological environment in production and life.

Article 343 of the Criminal Law stipulates that in violation of the provisions of the mineral resource law, the mining license is unauthorized mining, entering the national planning mining area without authorization, mining areas with important value to the national economy, and mining in other people's mining areas, or mining unauthorized mining without authorization The state regulations implement a specific mineral species of protective mining. If the circumstances are serious, they will be sentenced to imprisonment, detention or control of less than three years, and shall be punished or single. The circumstances are particularly serious. gold.

In violation of the provisions of the mineral resource law, if a destructive mining method is adopted, mining resources are used to cause severe destruction of mineral resources, and it will be sentenced to imprisonment or detention of less than five years and fined fines.

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