The country's first case involving national parks destructive natural protection land sentences

The country's first case involved in national parks destruction of nature protection land sentence sentences

Entering the core reserve mining 1 person died and 2 people were sentenced to sentence

The trial of the Tie II Court was tried on the scene of the crime of destroying the natural protection place

Leaded zinc ore left in the mine

Destruction of the natural environment in the national park (one first)

"Bang Bang ..." There was a roar in the core area of ​​the Grand Panda National Park. With the crushing of the stones of the entrance, the mining of the mining for many years is "seeing the sun". Zhao Mou, a group of people with electric picks and mining lights in the mining area to investigate, discuss how to mining, how to transport ores, and sell it. A "increasing income and getting rich" idea floated up, and forgot to forget the heavy costs that need to be paid on this road.

On September 23, the Chengdu Railway Transport Second Court (hereinafter referred to as Cheng Railway Court) opened the court in accordance with the law and tried the crime of Zhao Moumou and Xin Moumou. It is reported that the case was the first criminal case in the country since the establishment of the Grand Panda National Park.

Behind this case, some people pay the price of life. In November 2020, the mining period collapsed, causing one person to die on the spot and one of them were seriously injured.

Case

Entering ore stealing many times

The forced opening of the mine is located in the "old groove" mining area and contains lead -zinc ore. It was operated by a company. In December 2017, the mining area was closed in accordance with the requirements of the Giant Panda National Park, and the natural ecological recovery was implemented in accordance with the law.

In August 2020, Zhao Moumou, Xin Moumou, and Feng Mou discussed the stolen lead zinc ore in the "old groove" mining area. In order to facilitate entering the "old groove" mining area, the three hired people to cut the large rocks at the entrance of the core area of ​​the national park and forcibly open up the channel into the core area. Wait, and hire someone to cut down the plants on the road to form a road of about one meter wide. Since then, the three have moved the generators, electric picks, electric wires, mining lamps, gasoline, living materials and other items into the "old groove" mining area, and used electric picks, dumplings and other ore in the mining hole for about 15 days. About 40 tons of ore are obtained.

In November 2020, when Xin Moumou and Feng used electric picks to cut off the mine, the ore collapsed. Xin Moumou and Feng were buried by the collapsed ore. Feng Mou died on the spot and Xin Moumou was seriously injured. After the incident, Zhao Moumou and Xin Moumou made economic compensation to Feng Mou's relatives.

However, Feng's death did not block the actions of several people stealing ore. After many months of silence, the mine was lively again. In August 2021, Xin Moumou and Li Mou (dealt with another case) came to the "old groove" again. The two were sold out after transporting the stolen lead -zinc ore out of the sale, and they forcibly opened the main mine and used stones and concrete pairs. Some roads that have been closed in the core area are hardening, and 6 mules are purchased. They also hire people to produce and live in the Grand Panda National Park for more than 20 days, and the stolen ore is about 6 tons.

In September of the same year, Zhao Moumou led Li Moumou (handled by another case) and others to check the ore in the "old slot" ore. The weight of the stolen ore is about 4 tons.

Later, when the staff of the Grand Panda National Park Management Branch was patrolled, Li Moumou, who was transporting the ore, immediately called the police.

Trial

People with specialized knowledge appear in court

On September 23 this year, Chengtie Second Hospital opened the court to trial the case of Zhao Moumou and Xin Moumou underwent the crime of destroying the natural protection place.

Is Zhao Moumou and Xin Moumou the crime of destroying the natural protection of nature or illegal mining?

Zhao Moumou's defense lawyer believes that Zhao Moumou and other people's behavior is illegal mining, which does not constitute the crime of destroying the natural protection of nature. Before the trial, the Sichuan Provincial Institute of Ecological and Environmental Sciences presented an expert opinion to the court to analyze the impact of the defendant's behavior on the environment in the case. During the trial, Liu Yuanyue, a senior engineer of the Sichuan Academy of Ecological and Environmental Sciences, appeared in court to explain the opinions of the expert.

Experts believe that Zhao Moumou, Xin Moumou and others stole lead zinc ore in the core area of ​​the Grand Panda National Park and destroy the national park have caused many direct ecological environment on the core area of ​​the Grand Panda National Park, including lead Zinc ore destruction, ore collapse, wild animal habitats and vegetation damage. At the same time, human activities also affect animal habitats and migration. The behavior of the two people caused local damage to the ecosystem of the core area of ​​the Giant Panda National Park, and the ecological environment influence caused by the calculation was 9190.64 square meters.

Investigators in the case, Deng Yangping of the Hongya County Public Security Bureau also appeared in court to explain the on -site investigation and ecological environment destruction of the core area of ​​the Grand Panda National Park.

It is worth noting that the incident is located in the core area of ​​the Grand Panda National Park. According to the "Administrative Measures for the Grand Panda National Park in Sichuan Province", the core reserve refers to the normal survival and reproduction of the rare wildlife group represented by the giant panda. The key areas of migration are used to implement the most stringent scientific protection of natural ecosystems and natural resources. This method clearly states that "in addition to the relevant activities that the core reserve meets the needs of national special strategies, people are prohibited from activities in principle."

It was identified that the pockets left in the "old groove" ore weighed 30472.02 kg, the average leader of the lead was 15.65%, the average product of zinc was 42.10%, and the value was 106652 yuan.

Sentence

To destroy the crime of natural protection for nature

After nearly 5 hours of trial, Cheng Tie Second Court sentenced in court: Zhao Moumou and Xin Moumou were criminal to destroy the natural protection place, sentenced Zhao Moumou to 3 years and 2 months, and fined 5,000 yuan; A certain sentence was imprisoned in October in October and fined 5,000 yuan. After the verdict, the two defendants expressed their convictions in court and did not appeal. "The behavior of Xin Moumou and Zhao Moumou in this case, at the same time, meets the serious circumstances of illegal mining crimes and the plot of destroying the crime of natural protection." The behavior of Xiang and Xin Moumou constituted imagination, and should choose a felony -destroy the crime of protecting the natural protection land for treatment. According to the "Criminal Law", if the circumstances of illegal mining are severe, they will be sentenced to imprisonment, detention or control of less than 3 years, and shall be punished or single; Or a single fine.

The law and benefits of destroying the crime of natural protection areas are the state's management order of three types of natural protection for national parks, nature reserves, and natural parks, and strict protection of the special ecological environment in the natural protection place. Zhou Ji told reporters that in this case, Zhao Moumou and Xin Moumou violated the management regulations of nature protection and entered the core area of ​​the Grand Panda National Park without authorization. As well as property losses and casualties, it is in line with the constituent elements of destroying the crime of natural protection.

Zhou Ji believes that if this case is punished for illegal mining crimes, the crime will not be able to cover the defendant's defendant to enter the core area illegally, destroy the ecological environment of the national park, trigger the geological disasters of the mining area, and cause the casualties. This case shall be guilty of destroying the crime of destroying the natural protection land. "

Judge

Criminal Law Amendment (11) was approved by the 24th meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020, and will be implemented on March 1, 2021. The criminal law added one of Article 342 to destroy the crime of natural protection for nature, but in more than a year of implementation, there were few cases of this crime in the country. When talking about the typical significance of the case, Zhou Ji believes that the first case involving the crime of destroying the natural protection land involved in the national park effectively activated the crime and was a beneficial exploration.

Zhou Ji introduced that at present, the Supreme Law has no clear interpretation of the "serious consequences" and "harsh plot" of destroying the crime of destroying the natural protection of nature. It should be comprehensively determined in accordance with the existing laws and regulations and judicial interpretations.

He further explained that the crime of destroying the natural protection place belongs to the crime of the sixth chapter of the Criminal Law. Analysis, destroying environmental resource crimes includes four types: "plot" and "consequences": resource destruction, property loss, personal casualties and environmental damage. Therefore, the "serious consequences" and "harsh plots" stipulated in the crime of destroying natural protection areas should be determined around the above four types.

Sichuan Rule of Law Daily-Rule of Law Sichuan News Client reporter Xia Feini Court of Railway Courtyard Confusion

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