Hubei Macheng Court Tries Illegal Sand Mining Case

2023-08-11 10:50:19

The defendant was sentenced to eight months'imprisonment, one year and two months' probation and a fine of RMB 8000 for the crime of illegal mining.

River sand is closely related to the safety environment of the river. It is illegal to mine sand in the river without authorization. What you get is not only "money", but also imprisonment and fines. Let's take a look at the case of illegal sand mining heard by the People's Court of Macheng City, Hubei Province. During the period from March to September

2022, the defendant Tianmou illegally mined river sand in Bahe River without obtaining any formalities, and accumulated more than 3000 cubic meters of river sand. It was found that the price of river sand mining was more than 270000 yuan. In order to facilitate the transportation of river sand, Tianmou destroyed the relevant facilities of river lifting during the period of illegal mining of river sand. It is estimated that the value of river lifting damage and repair in this section is 63192.68 yuan. The public security organ imposed an administrative penalty on Tianmou for destroying water conservancy and flood control facilities. After Tianmou cooperated with the water conservancy management station to repair the destroyed river, Tianmou voluntarily surrendered, truthfully confessed his criminal facts, and voluntarily returned 30,000 yuan of stolen goods. After the trial,

the court held that the defendant Tianmou violated the provisions of the Mineral Resources Law and exploited the river mine without obtaining a mining license, which constituted the crime of illegal mining. In view of the sentencing circumstances of the defendant Tianmou, such as voluntary surrender, confession of guilt and punishment, and return of stolen goods, the defendant Tianmou was sentenced to eight months'imprisonment, one year and two months' probation and a fine of RMB 8000 for the crime of illegal mining. The illegal and criminal income of the defendant Tianmou seized by the public security organ according to law is 30000 yuan, which shall be recovered and confiscated according to law and turned over to the state treasury.

In order to effectively protect the national mineral resources and ecological environment and ensure that the restoration of illegal sand mining sites is no longer destroyed, on August 9, President Yang Zuoyi and Vice-President Mao Huan of the Criminal Trial Chamber of Macheng Court went to the scene of the case again to follow up and supervise the ecological restoration of the sites involved. At the scene of the illegal mining case, standing by the river embankment, we can see that the repaired embankment is smooth and clean, and the repaired embankment has grown green.

In recent years, Macheng City Court has actively played its judicial role, actively participated in the comprehensive management of the river basin when dealing with civil, commercial, criminal and administrative cases involving river basin management, and often went to the place where the case occurred to carry out return visits, supervise the restoration of the normal function of the river course and the work of restoring the green, so as to promote the reform and interpretation of the case. To ensure that river basin management achieves sustainable results.

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The defendant was sentenced to eight months'imprisonment, one year and two months' probation and a fine of RMB 8000 for the crime of illegal mining.

2023-08-11 10:50:19