It belongs to the crime type of "damaging environmental resource protection" stipulated in the criminal law. The basic penalties in the criminal law are: Article 343: Crime of illegal mining; crime of destructive mining in violation of the provisions of the Mineral Resources Law, mining without a mining license, mining in national planned mining areas, mining areas of important value to the national economy and Mining in other people's mining areas, or mining specific mineral species protected by the state. If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely with a fine; if the circumstances are particularly serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and concurrently fined. Anyone who violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined. There are mainly four types of illegal mining crimes: (1) Mining without a license, that is, mining without authorization without obtaining a mining license through legal procedures. According to the provisions of the Mineral Resources Protection Law, all state-owned mining enterprises, township collective mining enterprises and individual miners must be reviewed and approved and issued a mining license. (2) Entering national planning areas, mining areas of great value to the national economy, and mining areas of others without authorization. According to the law, the state implements planned mining in national planning areas and mining areas that are of great value to the national economy. No unit or individual may mine without the approval of the relevant competent departments of the State Council. No unit or individual may enter the scope of mines and enterprise mining areas where others have obtained mining rights. (3) Unauthorized mining of specific minerals that are subject to protective mining stipulated by the state, and refusing to stop mining after being ordered to stop mining. According to legal provisions, the state implements protective mining of specific minerals, and no unit or individual is allowed to mine without approval from the relevant departments of the State Council. (4) "Cross-border mining" behavior The so-called "cross-border mining" refers to the behavior of illegally entering other people's mining areas in violation of the mining location, scope and other requirements stipulated in the mining license despite holding a mining license.
Legal Objectivity:
What can I do before I am arrested? (1) Surrender affects sentencing. It is recommended to surrender to the public security organ as soon as possible and truthfully confess your actions. Surrender is legal and may result in a reduced or lighter punishment. Among them, those who commit minor crimes may be exempted from punishment. (2) Actively cooperate with relevant agencies to influence sentencing, truthfully answer questions related to the case, do not protect others, and may refuse to answer questions unrelated to the case. (3) Confession of the case affects sentencing. When explaining the facts of the case, the perpetrator can explain what positive measures were taken to recover the victim's losses after the case occurred. (4) When citizens exercise their procedural rights, they have the right to sue if they infringe upon their procedural rights or cause personal insult. What should I do if I am caught by the public security organs? (1) The procedure legally affects the time of litigation. If the compulsory measures (such as detention and arrest) taken exceed the statutory time limit (the maximum detention period shall not exceed 37 days, and the detention period after arrest shall not exceed 2 months), the individual may request to lift the compulsory measures. (2) Criminal interviews affect the entire case. If it is during the investigation stage and only lawyers can meet with you, you can entrust a lawyer to intervene in the investigation stage to understand the case and find out the laws and regulations that were violated, so as to avoid worse consequences due to lack of understanding of procedures and laws and regulations. (3) Legal rights to be released on bail pending trial If you are seriously ill, unable to take care of yourself, or are pregnant or breastfeeding your own children, and meet the conditions for release on bail pending trial, you may apply for release on bail pending trial. Trial Stage (1) Disqualification of the Rights of the Parties If the judge, clerk, and juror participating in the trial are found to be related to the case, they may apply for disqualification. (2) Litigation rights/rights of personality The parties may sue judicial staff for infringement of their statutory litigation rights (such as the right to free debate) and personal insult. (3) The right to cross-examination. During the court hearing, the parties concerned can learn the facts and evidence of the alleged crime. You can put forward your own opinions on the testimonies of witnesses who are not present in court, appraisal conclusions, and the contents of inspection records. (4) Exercise the right of self-defense: The parties have the right to participate in court debates and make final statements. (5) Obligations of parties to abide by court trial rules When participating in court trials, they must abide by court rules and cooperate with judicial officers in litigation activities in accordance with the law.