Recently, the Chaozhou Intermediate People's Court concluded a case of illegal mining and concealing the proceeds of crime in the second instance. Fourteen people, including Li Mouzhi, a defendant, were convicted of illegal mining and sentenced to fixed-term imprisonment of three years, nine months and ten months respectively, with fines, and the corresponding illegal proceeds were recovered according to law; Wang Mouhao, the defendant, was convicted of concealing the proceeds of crime and sentenced to three years and six months'imprisonment and a fine according to law. From February
2021 to July 2021, Li Mouzhi, Wu Mouxian and their co-defendants (all dealt with separately) jointly purchased legal river sand from a limited company in Meizhou City in the name of a bamboo sand yard for profit, in fact, they used the legal river sand source certificate provided by the company as a cover, and then sold it to the company. Organize personnel to steal river sand in the basin of Chifeng Town, Chaoan District, Chaozhou City, Hanjiang River and sell it for profit. Li Mouzhi and Wu Mouxian, as the principal offenders, jointly participated in the illegal mining of river sand with a total 37406 of 69 cubic meters, and the remaining defendant, as accomplices, also participated in the related illegal mining of river sand. Wang Mouhao, a defendant, knew that there was an illegal act of illegally mining Hanjiang River sand and selling it to the outside world in a bamboo sand yard. In order to make illegal profits, he purchased river sand from the sand yard for many times from March 2021 to July 2021, totaling 26434. 32 cubic meters, of which 3896.32 cubic meters belonged to Li Mouzhi and other illegal river sand. After trial, the courts at the two levels
of Chaozhou held that 13 defendant, such as Li Mouzhi and Wu Mouxian, violated the regulations of the Mineral Resources Law and mined in partnership without obtaining a mining license, the circumstances were particularly serious, and their act s constituted the crime of illegal mining and should be punished according to law. Huang Mousheng, the defendant, violated the provisions of the Mineral Resources Law and engaged in mining without obtaining a mining license. The circumstances were serious, and his behavior constituted the crime of illegal mining and should be punished according to law. Wang Mouhao, the defendant, knows that the operators of a bamboo sand yard have carried out illegal mining activities, but still purchases river sand for illegal profits. The circumstances are serious and the order of social management is impaired. His behavior constitutes the crime of concealing the proceeds of crime and should be punished according to law. In accordance with the relevant provisions of the Criminal Law of the People's Republic of China and the Criminal Procedure Law of the People’s Republic of China, the defendant are sentenced to fixed-term imprisonment and fines respectively, the corresponding illegal income is recovered, the relevant property is confiscated and turned over to the state treasury. The case is now in force.
Hanjiang River is the mother river of eastern Guangdong and one of the first ten most beautiful hometown rivers in China. Hanjiang River provides high-quality drinking water source for the high-quality development of Chaozhou. The illegal mining of river sand not only destroys the mineral resources and ecological environment of the Hanjiang River, but also affects the stability of the water potential, flood control and navigation safety of the Hanjiang River, which is of serious harm. In the above-mentioned cases, Li Mouzhi and others'criminal acts of stealing river sand seriously infringed on the state's ownership of mineral resources and destroyed the surrounding ecological environment, which should be severely cracked down according to law. In addition, the purchase of sand and gravel should be through legal channels, such as knowing that others are still purchasing river sand illegally, they should also bear the corresponding legal responsibility according to law.
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