On September 22, the People's Procuratorate of Hubei Province held a press conference on the theme of "Hubei Criminal Procuratorate Assisting the Comprehensive Management of River Basins", and released seven typical cases of Hubei Criminal Procuratorate Assisting the Comprehensive Management of River Basins, four of which involved illegal mining.
Case 1
Gong Mou-mou, Jin Mou-mou and other three illegal mining cases
[key words]
early intervention in confession, punishment, recovery of stolen goods and loss, integration of performance
[gist]
for difficult and complex cases. Procuratorial organs should intervene in advance in time to guide the investigation organs to improve the chain of evidence and consolidate the basis of evidence; carry out interpretation and reasoning in time to urge criminal suspect to plead guilty and accept punishment; guide public security organs to investigate the flow of stolen money in depth and try their best to recover the economic losses of the country. While cracking down on criminal offences, we should transfer case clues to public interest litigation departments in a timely manner, adopt the mode of synchronous promotion of criminal, administrative and civil public interest litigation, urge administrative organs to perform their duties in an all-round way according to law, actively promote ecological damage assessment and jointly protect the ecological environment of the Yangtze River.
[Basic facts of the case]
The defendant Gong Moumou is the legal representative of a port limited liability company;
the defendant Jin Moumou is a retired employee of a vehicle and ship transportation limited liability company;
the defendant Yu Moumou is a migrant worker. In April
2017, the defendant Gong Mou, then the legal representative of a port limited liability company, undertook the dredging project of a dry rain wharf from a port limited liability company at a price of 200000 yuan. On April 28 of the same year, the defendant Gong signed a dredging construction agreement with the owners of four engineering ships. From May 11 to July 20 of the same year, knowing that the "River Sand Mining Permit" could not be obtained, the defendant Gong Mou-mou convened the above-mentioned four engineering vessels and the "Hongsheng No.1" engineering vessel under his own name to take over the excavation operation in the Liutiaozhou Hetaozi waters of the Zhijiang section of the Yangtze River. According to the instructions of the defendant Gong Mou-mou, the defendants Jin Mou-mou and Yu Mou-mou directed five engineering vessels to excavate sand and gravel beyond the scope stipulated in the Opinions on Dredging the Left Branch of Liutiaozhou and the Underwater Activity Certificate, and sold the sand and gravel to 45 buyers in Jiangsu, Hubei and other places, totaling 1.19 million tons of illegal sand mining. The sales amount is more than 430 million yuan.
[Performance of procuratorial organs]
1. Under the cover of legal dredging projects, the case illegally excavated sand and gravel from the Yangtze River beyond the scope and volume of dredging, involving a wide range of people and a huge amount of money, affecting flood control and navigation safety, and destroying the ecological environment of the Yangtze River. After the public security organs filed a case for investigation, Gong and others formed an "offensive and defensive alliance" and refused to admit the fact of illegal sand mining and external sales. Faced with this situation, the People's Procuratorate of Gezhouba, Yichang City, timely intervened in advance to guide the investigation, through in-depth field visits to the scene of the case, sorting out and analyzing the interrogation transcripts, bank running water and the testimony of the owner and crew of the construction party, to determine the persons involved and the amount of money involved as the focus of the case. After several joint meetings with the public security organs to analyze and discuss, clarify the nature of the case, comprehensively study and judge the subjective knowledge, status and other factors, Gong Mou and other three persons were identified as the perpetrators. It also puts forward 14 opinions on investigation and evidence collection from the aspects of the division of responsibilities of the persons involved, the flow of sales funds and the assets of criminal suspect. In view of the fact that there is no account for the sale of sand and gravel and that the amount of stolen goods is mixed with the normal business, this paper puts forward the direction of obtaining evidence from the downstream buyers to determine the amount of stolen goods, and guides the public security organs to collect the evidence materials of 45 buyers in Jiangsu, Hubei and other places to purchase sand and gravel, laying the foundation for determining the amount of crime.
2. After the case was transferred for examination and prosecution, the Gezhouba People's Procuratorate of Yichang City, on the basis of repeatedly preaching the lenient legal policy of confession and punishment to three criminal suspect, on the one hand, explained the crime of illegal mining to three criminal suspect in detail and thoroughly with the evidence in the case, analyzed the circumstances of sentencing and the legal consequences, and urged the criminal suspect to give up their chances. Confess truthfully and actively return the stolen goods in order to strive for leniency. On the other hand, we should strengthen communication with lawyers and relatives and friends of criminal suspect, do ideological work through relatives and friends, enhance the willingness of criminal suspect to return stolen goods, provide legal services through lawyers, enhance the understanding of the nature and legal consequences of crimes, and eliminate the doubts of criminal suspect. Through further evidence disclosure, Gong Mou's attitude was relaxed, and he confessed the main facts of the crime at the stage of examination and prosecution, voluntarily returned 12 million yuan of stolen goods, and voluntarily pleaded guilty to punishment. In September 2022, the People's Procuratorate of Gezhouba, Yichang City, filed a public prosecution with the People's Court of Gezhouba, Yichang City, for the crime of illegal mining committed by defendant Gong, Jin and Yu. In December of the same year, defendant Gong, Jin and Yu were sentenced to five years and six months, five years and three years'imprisonment respectively by the Gezhouba People's Court of Yichang City for the crime of illegal mining, and fined three million yuan, one hundred and fifty thousand yuan and one hundred thousand yuan. Three defendant appealed, and the court of second instance only changed the part of the fine imposed on Yu to 70000 yuan, while the rest maintained the original judgment.
3. The Gezhouba People's Procuratorate of Yichang City, while severely cracking down on criminal offences, promptly transferred clues to the public interest litigation department in view of the inadequate performance of the administrative organs in the case. Designated by the People's Procuratorate of Yichang City, an administrative public interest lawsuit was filed with the Gezhouba People's Court of Yichang City on November 16, 2022, requesting the Gezhouba People's Court to confirm that the defendant's unit did not fully perform its duties illegally and to order the defendant to fully perform his supervisory duties. On March 17, 2023, the first instance judgment of the Gezhouba People's Court of Yichang City supported all the claims. The defendant appealed, and on July 28 of the same year, the Yichang Intermediate People's Court rejected the appeal and upheld the original judgment. The Gezhouba People's Procuratorate transferred the clues of civil public interest litigation to the Yichang People's Procuratorate for the ecological loss of the Yangtze River caused by the case. After assessing the ecological damage, the People's Procuratorate of Yichang City filed a civil public interest lawsuit against Gong Mou and other three people according to law. The handling of this case promotes the integration of criminal, civil and administrative public interest litigation, and effectively protects the ecological environment of the Yangtze River.
[Typical significance]
1. When handling such difficult and complex cases, procuratorial organs take the initiative to intervene in advance to guide public security organs to dig deep and investigate carefully and improve the chain of evidence. For the situation that the criminal suspect can not find out the amount of the crime through frequent transactions in other people's accounts, the amount of sales in this case can be determined by checking the buyer's way. If necessary, self-supplementary investigation can improve the quality of case handling, and effectively solve the problems of obtaining evidence and recovering stolen goods through active performance of duties, so as to ensure accurate and effective punishment of crimes.
2. By intervening in the investigation in advance according to law, the public security organs should be guided to find out the situation of property involved in criminal suspect and the damage to public welfare, so as to consolidate the foundation of the preliminary work of recovering stolen goods. Strengthen the special examination of stolen money and stolen goods, urge the public security organs to continue to trace and verify the stolen money and stolen goods whose whereabouts are unknown, guide the public security organs to list the property involved, and urge the public security organs to take measures such as seizure, seizure and freezing according to law. To formulate the account of stolen goods recovery clues, check and follow up regularly, and pay attention to investigating and dealing with the upstream and downstream related persons and related crimes in view of the key and difficult problems such as the realization of stolen goods and the transfer and concealment of property involved in the case. At the same time, we should actively promote the organic combination of the application of the lenient system of confession and punishment and the recovery of stolen goods, and give full play to the role of the lenient system of confession and punishment in promoting the recovery of stolen goods.
3. When handling cases involving rivers, the Gezhouba People's Procuratorate of Yichang City adopts the integrated performance mode of "criminal strike pilot, public interest litigation leading, civil administrative follow-up", explores and practices the ecological procuratorial mode of "professiona l legal supervision + restorative judicial practice + socialized comprehensive management", and severely cracks down on crimes. Attention should be paid to discovering the clues of public interest litigation, transferring the clues to the public interest litigation department in time, instituting administrative public interest litigation against the administrative organs that are negligent in performing their duties according to law, and promoting the relevant functional departments to assess the ecological damage of the Yangtze River, so as to promote the management, traceability and coordination of the ecological environment system of the Yangtze River in an all-round way.
Case 2
: Xiong Moujia, Zhang Moujia and other 8 people provoked trouble. In the process of handling criminal cases involving evil forces,
procuratorial organs should accurately identify the crimes committed by evil forces and their members and severely crack down on them according to law; It is necessary to implement the relevant working mechanism, strengthen cooperation and cooperation, and ensure the quality of cases; when it is difficult to accurately identify the quantity and value of river sand in illegal sand mining cases, it is necessary to scientifically and objectively identify the amount of crime, so as to strike accurately; it is necessary to pay attention to fighting against money and blood, and destroy the economic basis for the resurgence of evil gangs. We should actively participate in social governance, issue procuratorial suggestions in a timely manner, and promote the legitimate operation of relevant enterprises in compliance with regulations.
[Basic facts of the case]
The defendant Xiong Moujia is the person in charge of the wharf fleet;
the defendant Xiong Moubing is the legal representative of a labor service limited company;
the defendant Zhang Mou is the manager of the fleet;
The defendants Xiong Mouyi, Chen Moumou, Du Moumou and Liang Moumou are the drivers of the wharf motorcade;
the defendant Wang Moumou is the financial director of a labor service limited company.Beginning
in 2014, defendant Xiong Mou-jia, Xiong Mou-mou, Zhang Mou-mou, Xiong Mou-yi, Chen Mou-mou, Du Mou-mou and Liang Mou-mou often gathered together to carry out illegal activities such as provocation, intentional destruction of property and illegal sand mining in Gedian Economic and Tec hnological Development Zone of Hubei Province by means of violence and threats, and gradually formed Xiong Mou-jia as the gatherer. They also do evil in the local area, oppress the people, monopolize the wharf transportation, disrupt the order of economic and social life, and cause relatively bad social impact. From September to October
2021, after Xiong Moujia and Xiong Moujia acquired the transport fleet of Hubei Wharf Construction Management Co., Ltd. in the name of Hubei Labor Service Co., Ltd., they made a clear division of labor among the gang members and monopolized the transportation business of the wharf. Later, the vicious gang colluded with the Xiong Jiang (another case) gang of sand thieves to help transport the 45570 of river sand stolen by the Xiong Jiang gang in the Ezhou section of the Yangtze River. After evaluation, the total value was RMB 378. Defendant Xiong Moujia and Zhang Moujia played a major role in the joint crime of illegal mining and were the principal offenders; Defendant Xiong Mou-c, Xiong Mou-b, Chen Mou, Du Mou, Liang Mou and Wang Mou play a secondary and auxiliary role in the joint crime of illegal mining and are accomplices.
[Performance of procuratorial organs]
1. The procuratorial organs at the two levels of Ezhou City attach great importance to the handling of criminal cases. The People's Procuratorate of Ezhou City has set up a case handling guidance group to intervene in advance with the special teams of grass-roots courts, strengthen cooperation and cooperation, and hold several joint meetings of public security organs to guide the public security organs to collect and supplement evidence; Adhering to the principle of "not letting go of a black and evil crime, not making up the number of a black and evil crime", we should accurately identify the criminal gangs of evil forces and their members. At the same time, in view of the fact that most of the river sand stolen in this case has not been seized on the spot, which makes it difficult to accurately identify the amount of the defendant's crime, the People's Procuratorate of Huarong District of Ezhou City, in accordance with the relevant provisions of the "Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Illegal Mining and Destructive Mining", guides the public security organs. Professional institutions with evaluation qualifications are entrusted to conduct scientific evaluation, accurately identify the amount of illegal mining crimes committed by various defendant, correctly distinguish the principal and subordinate offenders, and accurately crack down on them according to law.
2. In view of the poor effect of recovering stolen goods in the investigation stage, in the examination and prosecution stage, the People's Procuratorate of Huarong District of Ezhou City has intensified its efforts to fight against money and blood, carefully studied and analyzed the psychological state and attitude of confession and repentance of the defendant, formulated targeted measures, actively communicated and consulted with the defenders, and carried out the investigation and prosecution. The People's Court of Huarong District , Ezhou City, made a first-instance judgment on February 27, 2023, adopting the prosecution's accusation opinions and sentencing recommendations to commit the crime of illegal mining. Eight defendant were sentenced to fixed-term imprisonment ranging from one year and eight months to five years and three months, and fines ranging from 10000 to 100000.
3. In the process of handling cases, the procuratorial organs analyzed and judged the cases of illegal sand mining crimes handled in recent years, and found that the water transport industry in Huarong and Gedian areas of Ezhou City was developed because of the riverside, with numerous wharfs, and many wharfs lifted and unloaded the stolen river sand and river sand. Enterprise management is not standardized and easy to be used by criminals to form convenient conditions for illegal mining of river sand. In view of the problems existing in the relevant companies, such as the imperfect management system of river sand reporting operation, the lack of necessary internal supervision procedures, and the weak awareness of the rule of law among employees, the procuratorial organs timely issued procuratorial suggestions. By publicly serving procuratorial proposals, the procuratorial organs interpret the law and publicize the rule of law, so as to better promote the legal operation of relevant local wharfs and transport enterprises, and achieve the effect of "handling one case and governing one piece".
[Typical significance]
1. This case is a criminal case that destroys the ecological environment of the Yangtze River and affects the safety of shipping, and also involves crimes committed by evil forces. In order to lay equal stress on cracking down on crimes and cutting off money and blood, and on strengthening the protection of the Yangtze River and the comprehensive management of society, the procuratorial organs handled the case. Always maintain the high-pressure situation of severe punishment for crimes involving criminal syndicates and evil forces, uphold the principle of "not letting go of a crime involving criminal syndicates and evil forces, not making up the number of crimes involving criminal syndicates and evil forces", strictly implement the relevant working mechanism of the normalized struggle against criminal syndicates and evil forces, give full play to the leading role before prosecution, strengthen cooperation and cooperation, and be good at using the "outer brain" to form a joint effort to ensure the quality of cases.
2. In the stage of early intervention and prosecution, the procuratorial organs should conscientiously implement the criminal policy of tempering justice with mercy, distinguish the principal and subordinate offenders according to the role of personnel at all levels, accurately identify the members of evil gangs, and ensure that the punishment is appropriate. It comprehensively investigates the crime situation, life background and attitude of the criminal suspect involved in the case, and takes precise measures according to different people, so as to urge all criminal suspect to plead guilty and plead guilty. We should attach equal importance to punishing crimes and recovering stolen goods and losses, take the initiative to carry out the work of recovering stolen goods and losses, and destroy the economic foundation for the resurgence of evil forces.
3. Focus on case management to promote the supervision of similar cases, find the right entry point, extend the antenna of legal supervision, timely issue procuratorial suggestions on the problems found in the process of procuratorial performance, actively participate in comprehensive social governance, carry out publicity of the rule of law into enterprises, effectively promote the legal operation of enterprises, and achieve the organic unity of the "three effects" of handling cases.
Case 3
: Wang, Deng Mou-mou and other 18 illegal mining cases
[Key words]
illegal mining pursuit and prosecution, self-supplementary investigation clues transferred to public interest litigation
[Gist]
procuratorial organs in handling illegal mining and other crimes against the environment and resources. We should give full play to the advantages of "integration of arrest and prosecution", carry out litigation supervision in the whole process of investigation, arrest and prosecution, and comprehensively crack down on the industrial chain of crimes against environment and resources. Through the internal integration of criminal prosecution and public interest litigation prosecution, the criminal crackdown on illegal sand mining and public interest protection will be promoted as a whole. We should pay attention to the external connection between procuratorial organs and supervisory organs, investigative organs and administrative organs, and thoroughly investigate and severely punish criminal gangs and "umbrellas" that damage the environment and resources.
[Basic facts of the case]
defendant Wang and Deng are the organizers of sand mining activities and sand collectors;
defendant Wang, Luo, Liu and Chen are the organizers of sand mining activities and shareholders of nameless sand dredgers; Zhou Moucai,
defendant, is the contact person for mining and transportation;
Li Mouqing, defendant, is the owner of the cargo ship;
Zha Mouyi, defendant, is the driver of the nameless sand dredger;
Wu Mouchong, defendant, is the driver of the cargo ship;
defendant Pei Mouwen is the driver of the nameless sand dredger;
defendant Zha Mouer, Zha Moubing and Cao Moubao are the engineer of the nameless sand dredger;
defendant Qian Moufei is the top contractor and watchman of the sand dredger;
Illegal personnel Zhang Mouxi is an unknown sand dredger cook;
illegal personnel Chen Mouxi is a cargo ship cook. In May
2019, in order to carry out illegal sand mining activities, Deng Mou-mou, under the instruction of Wang Mou-mou, reached a cooperation agreement on sand mining, sand transportation and sales with Wang Mou-chang, Chen Mou-mou, Luo Mou-mou and Liu Mou-shi through Zhou Mou-cai's introduction. Without obtaining the sand mining license of the Yangtze River and knowing that the Wuhan section of the Yangtze River belongs to the prohibited mining area, the above-mentioned personnel invited 11 people, such as Li Mou, Liu Mouqing, Cha Mou, Wu Mou, Pei Mou, Cha Mou, Qian Moufei, Cao Moubao, Chen Mouxi and Zhang Mouxi. It has formed a criminal gang composed of 18 people, responsible for the division of labor and well-organized "theft-transportation-marketing" illegal river sand mining industry chain. From June to early September
2019, the gang stole river sand from sand dredgers provided by Wang Mouchang, Chen Mou, Luo Mou and Liu Moushi, and transported river sand with the cargo ship "a certain Galaxy 711" provided by Wang Mouchang, the cargo ship "a certain Zhonghai 5666" provided by Li Mou and the cargo ship "a certain Haiqiao Qing 999" provided by Liu Mouqing. Wang, Deng, Wang, Luo and Liu were the masterminds behind the illegal sand mining activities in the waters of Hannan No.9 in Wuhan section of the Yangtze River, with a total value of 517 yuan. Backbone member Chen Mou is responsible for the daily management of sand mining activities at the instigation of Wang Mouchang, Luo Mou and Liu Moushi. Backbone member Zhou Moucai is responsible for coordinating the specific affairs of sand mining and sand transportation at the instigation of Deng Moumou. Backbone members Li Mou and Liu Mouqing provide cargo ships to transport river sand at the instigation of Wang Mou. Cha Mouyi, Wu Mouchong, Pei Mouwen, Cha Mouer, Qian Moufei, Cha Mousan, Cao Moubao, Chen Mouxi and Zhang Mouxi were employed on sand dredgers and sand carriers to drive ships, keep watch, operate sand suction pumps, turbines and do odd jobs.
As the sand dredger has been investigated and punished by the water department for many times, in early September 2019, the cooperative relationship between Liu Moushi, Chen Mou, Luo Mou, Wang Mouchang and Deng Moumou was terminated due to trust problems. From the beginning of September to September 11, 2019, Liu Moushi, Chen Mouqing, Luo Mouchang and Wang Mouchang continued to gather nine people, including Li Mouqing, Liu Mouqing, Cha Mouyi, Wu Mouchong, Pei Mouwen, Cha Mouyi, Cha Mouyi, Chen Mouxi and Zhang Mouxi, near the Jinkou waters of the Yangtze River in Jiangxia District of Wuhan City. Continue to adopt the aforementioned "theft-transport-sale" illegal sand mining mode, with a total value of RMB 251.
[Performance of procuratorial organs]
1. The Water Branch of Wuhan Public Security Bureau submitted to the People's Procuratorate of Qiaokou District of Wuhan City for approval of the arrest of Chen Mou and the investigation of eight illegal mining cases.The People's Procuratorate of Qiaokou District of Wuhan City found that there were three major problems in the facts of the case after reviewing the case files for interrogation. First, the evidence of the amount of river sand was confused, and the value of river sand may be much higher than value that has been grasped. Second, the accomplice relationship of criminal gangs was unclear, and there may be omissions. Third, the facts of related crimes were unclear, and there may be clues to duty crimes and public interest litigation.
2. In view of the above problems, the court finds out the facts of the crime through its own supplementary investigation. First, focusing on the contradictory evidence, the wife of the owner of the sand dredger and the sand carrier transferred the certificate and went to the wharf to review the record of the sand suction pump equipment, so that the false confession of "only three days of operation" and "two and a half ships of sand beating" was self-defeating. Secondly, we should focus on the incision of confession and punishment, carry out the educational transformation of confession and punishment according to the personality characteristics of some criminal suspect and seize the ideological burden, and keep a close eye on the related review of the cases before and after, so as to promote the members of criminal gangs to confess their guilt and punishment. The third is to focus on objective evidence, through the inquiry of the "two laws convergence" platform, the collection of administrative penalty decisions, visits to the sand mining site, to find out that the relevant administrative organs degrade the handling of administrative violations, the relevant administrative organs supervision team leader Zheng Mou returned the detained ship after asking for a bribe of RMB 50000 yuan, to inform the sand mining activities, may be suspected of bribery crime.
3. First, around the six aspects of subjective knowledge, the role of accomplices, the illegality of sand mining activities, the quantity of sand and gravel, the performance of duties by the competent authorities, and the pursuit and prosecution, three and 26 opinions on continuing investigation after arrest were issued to the public security organs, four and 17 supplementary opinions on investigation were issued, and two opinions on criminal suspect should be arrested were issued. Continuously improve the evidence system. The second is to strengthen cooperation with public security organs and supervisory organs. A case coordination meeting was held with the Water Branch of Wuhan Public Security Bureau to focus on the key links of the illegal river sand mining industry chain and transfer two clues of duty crimes committed by public officials to the Qiaokou District Supervisory Committee of Wuhan City. Thirdly, through the linkage mechanism of criminal procuratorial and public interest litigation procuratorial departments, aiming at the problems of water and Lake Bureau's penalty management and the imperfect supervision and inspection mechanism of sand mining in the Yangtze River, the Procuratorial Proposal was issued, and with the support of the People's Procuratorate of Wuhan, the administrative supervision of illegal sand mining in the whole city was jointly studied and the administrative public interest litigation was initiated.
4. First, accurately identify the facts of the crime. The criminal facts of the whole case increased from "illegal mining of river sand for 3 days, 4800 tons, worth 302000 yuan" at the time of arrest to " illegal mining of river sand lasted for three and a half months, 117000 tons, 769 yuan" at the time of examination and prosecution. The second is to completely eradicate the industrial chain of illegal mining of river sand. Five people were pursued and prosecuted, one case of duty crime was filed and investigated, and there was no omission in the whole process of sand mining, sand transportation and sales. From November 2020 to June 2023, the above defendant were sentenced to fixed-term imprisonment ranging from one year, two months to four years and two months for the crime of illegal mining, and fined from 10000 yuan to 100000 yuan. The defendant Wang Mou appealed, and the court of second instance ruled that the appeal was rejected and the original judgment was upheld. The third is to effectively promote the long-term management of river sand resources in Wuhan section of the Yangtze River. Through procuratorial suggestions, the relevant administrative organs were urged to revise and improve the Measures for the Implementation of the Record System for the Whole Process of Water Administrative Law Enforcement by the Water Law Enforcement Corps, to refine and formulate the Opinions on Further Standardizing the Work of Investigating and Punishing Illegal Sand Mining Activities in the Yangtze River Basin, and to promulgate the Measures for the Management of Centralized Berthing (Detention) of Sand-related Vessels and the Guidelines for Law Enforcement of River Sand Mining.
[Typical significance]
1. In handling this case, the procuratorial organs insisted on handling cases under supervision and supervision in handling cases, aiming at the characteristics of many people involved in illegal sand mining, complex circulation links, lack of objective evidence, and resistance to local protection. To find out the three doubtful points that the economic strength of the ship shareholder does not match the value of the ship, the electronic record of the sand mining pump does not match the confession, and the administrative penalty record does not match the confession of the seized ship, to carry out self-supplementary investigation, to put forward the opinions on the continued investigation of the arrest case and the opinions on the return of the supplementary investigation for the examination and prosecution, to find out the facts of the crime, and to improve the evidence system.
2. In the handling of this case, the procuratorial organs strengthened their initiative consciousness, strengthened their systematic thinking, actively carried out the work of pleading guilty and pleading guilty to punishment, paid attention to the examination of evidence correlation, and through strengthening the coordination with the Commission for Discipline Inspection and Supervision and the public security organs, caught all the criminals at all levels of the "theft, transportation and sale" of the extraordinarily large illegal sand mining criminal gangs.
3. In handling this case, the procuratorial organs pay attention to the use of the working mechanism of procuratorial integration, extend the effectiveness of criminal procedure supervision, and the procuratorial organs at the upper and lower levels jointly perform their duties, promote administration according to law through procuratorial suggestions and administrative public interest litigation, and construct the working pattern of precise strike, diversified supervision, specialized case handling, socialized governance and legalized service. To provide higher quality procuratorial service guarantee for promoting the development of the Yangtze River Economic Zone.
Case 4
: Ke Moubo, Ke Mouhui and other three illegal mining cases
[key words]
illegal mining active performance of river basin comprehensive management and ecological restoration
[gist]
procuratorial organs handling criminal cases should perform procuratorial supervision functions according to law. Comprehensively examine the facts and evidence of the case, accurately consider the responsibility of the perpetrator, comprehensively use the functions of criminal and public interest litigation to punish the crimes of ecological environment and resource destruction, and punish the minority, educate and save the majority. At the same time, we should attach equal importance to "punishment" and "governance", and promote the restoration of ecological environment through active supervision and active performance of duties.
[Basic facts of the case]
defendant Ke Moubo is a farmer of a village in Yangxin County;
defendant Ke Mouhui is a village branch secretary of a village in Yangxin County;
defendant Ke Mouhua is a farmer of a village in Yangxin County. In March
2019, the defendant Ke Moubo, Ke Mouhui, Ke Mouhua and others were invited by Chen Moujun (another case has been decided) to build a "four good" highway to support the establishment of a gravel plant as an excuse to create Lingpeng gravel plant in partnership, which was opposed by the local villagers because of environmental pollution, and Ke Moubo, Ke Mouhui, Ke Mouhua and others built factories in another location. In August 2019, Kemoubo and others rented an abandoned marble mining site in Yanggang Town to mine stones and build factories. During the period from April 2020 to January 2021, defendant Kemoubo, Kemouhui, Kemouhua and others, in order to seek illegal interests, hired others to illegally mine limestone through excavators, gas cannons and explosives without going through any mining license procedures, and provided stone materials for their gravel factories. Due to the loss of the gravel plant, Ke Moubo and others contracted the gravel plant to Ke Mouchun in January 2021, and Ke Moubo assisted Ke Mouchun in management until May of the same year. Later, the defendant Ke Moubo and Chen Moujun contracted the gravel factory from Ke Mouchun to continue quarrying until August of the same year. According to the audit, during the period from April 2020 to August 2021, the total amount of illegal quarrying was 129700 tons, with a total value of RMB 583.
Yangxin County Public Security Bureau submitted for approval of arrest on suspicion of illegal mining by Chen Moujun and Ke Mouguo. After examination, the People's Procuratorate of Yangxin County found that there were many omissions in the case that had not been dealt with in accordance with the law, and put forward suggestions to the investigative organs to continue the investigation, requesting that the relevant omissions be checked, that the criminal acts and roles committed by different personnel at different stages be investigated, and that the work of pursuing and prosecuting be carried out rapidly relying on the studio of the procurator stationed in the case. The defendant of the case, Ke Moubo, Ke Mouhui, Ke Mouhua and other co-defendants, Ke Moubin and Ke Moufei, were pursued to the case successively.
2. The People's Procuratorate of Yangxin County fully relies on the Office of Investigation Supervision and Cooperation, and the permanent procurator of the Investigation Co-ordination Office tracks the progress of the investigation of the series of cases and the arrival of criminal suspect in real time, and the original procurator intervenes in advance to guide the investigation and ensure the smooth investigation of the cases. After the case was transferred for examination and prosecution, the procurator undertook timely self-supplementary investigation on doubtful points such as the illegal mining time period, mining scope and mining value determination of defendant Kemoubo, Kemouhui and Kemouhua in the case, and actively carried out on-the-spot verification with the assistant procurator invited by the natural resources and planning departments. Through several visits to ore selling points to understand the price difference of mineral products, on-site inspection of mining field scope, and inquiry of transport drivers'transportation time, it provides evidence support for the comprehensive and accurate examination and identification of the time period, quantity and value of Ke Moubo, Ke Mouhui and Ke Mouhua's participation in illegal mining. On June 30, 2022, Ke Moubo, Ke Mouhui and Ke Mouhua were sentenced to fixed-term imprisonment ranging from one year to one year and two months, and fines ranging from 8000 to 10000 for illegal mining. During the period from April 2020 to August 2021, the defendant of
this case, Ke Moubo and Ke Mouhui, had a huge amount of illegal mining, causing serious ecological damage. In the process of handling the case, the People's Procuratorate of Yangxin County, on the one hand, earnestly carried out the work of confession and punishment, and carried out interpretation and reasoning from the lenient system of confession and punishment, the sentencing circumstances of Ke Moubo and other three persons, and the harmful consequences, so as to urge the three defendant to sincerely confess their guilt and voluntarily confess their guilt and punishment, and to return their illegal income; On the other hand, the concept of restorative justice has been deeply practiced. Through the cooperation of criminal prosecution and public interest litigation prosecution, we have communicated with the town government, the Natural Resources and Planning Bureau, the Ecological Environment Bureau and other departments for many times to discuss the problems of mine ecological restoration caused by the case, and jointly promote the ecological restoration work. Ke Moubo and others voluntarily invested funds for reclamation and greening. At present, the vegetation has covered all the damaged mining areas, and the seedlings are flourishing, and the ecological restoration has achieved good results.
4. In the process of handling the case, the People's Procuratorate of Yangxin County, on the one hand, carefully combs a series of illegal mining cases within the county area, and in view of the common problems exposed in the case, such as the untimely and inadequate performance of the functions of mineral resources management and supervision, makes and issues procuratorial suggestions on social governance to the relevant administrative organs, and suggests that the law enforcement and supervision of mineral resources be strengthened. To curb the occurrence and spread of illegal mining activities; on the other hand, to focus on the livelihood and well-being issues related to the case, and to actively perform their duties. It is understood that the defendant of the "Four Good" Highway Engineering Department, Ke Moubo, and others involved in the case were contracted through government bidding, involving the vital interests of thousands of villagers in Yanggang Town. The procurator has organized four discussions among the public security organs, the town government and the representatives of the highway project construction company to urge the project construction company to continue to promote the construction of the highway project and do a good job in supporting work. At present, the project is nearly completed.
[Typical significance]
1. In view of the large number of people involved in illegal mining cases and the fact that most of them are joint crimes, the procuratorial organs strictly follow the provisions of laws and judicial interpretations, implement the criminal policy of tempering justice with mercy, reasonably determine the scope of attack, and pursue and prosecute suspected offenders according to law, so as to improve the quality and effectiveness of case handling.
2. Procuratorial organs should give full play to their criminal procuratorial functions in guiding investigation, examining arrest, examining prosecution and other links, not blindly accepting evidence of guilt, being good at examining and analyzing doubts in cases, timely guiding public security organs to investigate or supplement investigations by themselves, further improving the chain of evidence, and ensuring the objective and fair handling of cases.
3. When dealing with illegal mining crimes, we should pay attention to the use of diversified supervision methods to form a multi-sectoral co-management pattern. On the one hand, the criminal prosecution department actively cooperates closely with the public interest litigation department to promote the source control while cracking down on crime; on the other hand, it strengthens the connection between punishment and execution, strengthens the communication and cooperation with administrative organs, improves the information sharing and cooperation mechanism, and jointly discusses the ecological restoration plan to effectively promote ecological protection.
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