River sand is an important mineral resource
and an important part
of the riverbed. However, some criminals illegally mine sand and gravel
in key waters such as the Yangtze River for profit, which seriously damages the ecological environment
. On the 4th, the People's Court of Wan'an County, Ji'an City, Jiangxi Province, opened a court hearing a "ant moving" type of illegal mining case and pronounced a judgment in court. Brief introduction of
the case During the period from June to September 2020, defendant Xiao Mou and Peng Mou, in order to seek benefits, jointly went to Huizhou reach of Ganjiang River in Luotang Township, Wan'an County for many times to steal river sand without obtaining permission for sand mining, and used forklifts to shovel sand for other sand thieves on the spot for many times, while collecting "boarding fees" from sand thieves. Among them, Xiao Mou is mainly responsible for contacting freight drivers and providing sand loading vehicles, Peng Mou is responsible for driving forklifts to shovel sand, and the profits are divided equally between them. Xiao Mou and Peng Mou jointly stole river sand 16 times, totaling 1250 tons, and shoveled 717 tons of sand for other sand thieves, making illegal profits of about 89600 yuan.
After identification, the river sand in Huizhou reach of Ganjiang River in Luotang Township of Wan'an County is Class II natural sand, which belongs to the mineral resources of sand for construction. The average price of river sand stolen by Xiao and Peng is about 70 yuan/ton, while the average price of river sand stolen by other sand thieves is about 60 yuan/ton. The value of the sand and stone illegally mined by Xiao is about 130520 yuan, and the value of the sand and stone illegally mined by Peng is about 160520 yuan. The
court of first instance held that
the defendant Xiao Mou and Peng Mou violated the provisions of the Mineral Resources Law, did not obtain the permission for sand mining in the river course, and carried out sand mining in the river course without authorization, with serious circumstances, which constitut ed the crime of illegal mining. According to the criminal facts, circumstances and repentance of the two defendant, the defendant Xiao was sentenced to six months' imprisonment, suspended for one year, and a fine of 10000 yuan; the defendant Peng was sentenced to six months' imprisonment, suspended for one year, and a fine of 10000 yuan.
Mineral resources are non-renewable resources, and any form of illegal mining is prohibited. It is illegal for any organization or individual to mine without permission, and if the circumstances are serious, they will be convicted and punished for the crime of illegal mining. Article 343
of
the Criminal Law of the People's Republic of China, in violation of the provisions on mineral resources, mines without a mining license, enters and mines without authorization in a mining area that is embraced in State plan, a mining area that is of great value to the national economy or another person's mining area, Or mining specified minerals of which protective mining is prescribed by the State without authorization, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; 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.
If we covet temporary interests
, we will not only fall into the abyss
of crime and be punished
by law, but also cause different degrees of damage
to the ecological environment!
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