Report of the first instance on the crime of illegal mining (model)
People's Court of XX County, XX Province
criminal judgement
(20 14) yongxing Zi Chu No.320
Public prosecution organ XX county people's procuratorate.
Defendant Wang Moujia, male, Han nationality, junior high school education, farmer, from XX County, XX Province, now lives in XX County, Longyan City, XX Province, was detained on March 5, 20 14, arrested on April 1 2065438, and is now detained in XX County Detention Center.
Xx County People's Procuratorate accused the defendant Wang Moujia of illegal mining with indictmentNo. ×. (2014)10/6, and filed a public prosecution with our hospital on 2014165438+124 October. After the court accepted the case, a collegial panel was formed according to law, and the trial was held in public on 20141211. Xx county people's procuratorate appointed inspector Huang to appear in court to support the public prosecution, and the defendant Wang Moujia appeared in court to participate in the lawsuit. The case has now been closed.
It was found through trial that:
20 12, 12 Defendant Wang Moujia obtained an unlicensed coal mine in Yangkeng North 3# well (elevation 357) from Rao Mouyi at a price of 300,000 yuan. On March 20 13, the defendant Wang Moujia organized workers to unseal the production. On March 28th, 20 13, the Bureau of Land and Resources of XX County found that the defendant Wang Moujia illegally exploited 58 tons of coal in Qiaokeng, Wenxi Village, Peifeng Town, XX County (No.3 well in Yangbeikeng), and issued a notice to the defendant Wang Moujia to stop the illegal behavior of land and resources. On April 28th, 20 13, XX County Bureau of Land and Resources made a decision on administrative punishment of land and resources, and ordered the defendant Wang Moujia. On July 22nd, 20 13, the Bureau of Land and Resources of XX County found that the defendant Wang Moujia illegally mined 38 tons of coal in Qiaokeng, Wenxi Village, Peifeng Town, XX County (No.3 well in Yangbeikeng), and issued a notice to the defendant Wang Moujia to stop the illegal behavior of land and resources. On July 22nd, 20 13, XX County Bureau of Land and Resources made a decision on administrative punishment of land and resources, and ordered the defendant Wang. On October 20 13, 165438+ 10, the defendant Wang Moujia hired Zhang Moujia, Rao Moujia and Wang Mouyi to take charge of underground management, roadway maintenance, coal roadway guarding, bookkeeping and ground management respectively, and organized workers to carry out production. Defendant Wang Moujia earned 4400 yuan illegally. On March 28th, 20 14 18 was appraised by the Department of Land and Resources of XX Province. From March 28th, 20 13 to February 8th, 2008 18, the illegal mining of this mine caused a loss of 344.4 tons of mineral resources, with a value of12,262 yuan. On March 5, 20 14, the defendant Wang Moujia voluntarily surrendered to the XX County Public Security Bureau and truthfully confessed his crimes.
The defendant Wang Moujia had no objection to the above facts during the trial, and had the confession and excuse of the defendant Wang Moujia; Witnesses Zhang Moujia, Rao Moujia, Wang Mouyi, Rao Mouyi, Rao Moubing, Wang Moubing, A, Hu Moujia, Fu Moujia, Kuang Moujia, Li Moujia, Xiao Moujia, Peng Moujia, Qiu Moujia, Peng Mouyi, Lai Moujia, Diao Moujia, Xiao Mouyi, Tang Moujia, Wang Mouding and so on. Documentary evidence: basic information of personnel, explanation of inquiry about illegal and criminal records, investigation report issued by XX County Bureau of Land and Resources on illegal mining of coal resources by Wang Moujia and others in Qiaokeng, Wenxi Village, Peifeng Town, transfer of suspected illegal mining by Wang Moujia and others, case acceptance registration form, case filing decision, case filing notice, case arrival process, detention certificate, detention certificate, notice of ordering to stop illegal acts of land and resources, decision of administrative punishment of land and resources, receipt, and record extraction. The evaluation conclusion of mineral resources destruction value issued by the Department of Land and Resources of XX Province; Identify transcripts, identify scene photos and other evidence. Enough to prove identity.
Our court believes that the defendant Wang Moujia violated the provisions of the Mineral Resources Law and exploited without obtaining a mining license, resulting in the destruction of mineral resources worth 122262 yuan. His behavior has constituted the crime of illegal mining, and the charges accused by the public prosecution agency are established and confirmed by our court. The defendant Wang Moujia voluntarily surrendered to the XX County Public Security Bureau and truthfully confessed his crimes, which was a surrender and could be given a lighter punishment according to law. The defendant Wang Moujia is a first-time offender and may be given a lighter punishment as appropriate. According to Article 343, paragraph 1, Article 45, Article 47, Article 52, Article 53, Article 61, Article 62, Article 64 and Article 67 of the Criminal Law of People's Republic of China (PRC), Article 28, paragraph 2 of the Administrative Punishment Law of the People's Republic of China and Several Specific Laws of the Supreme People's Court on the Trial of Criminal Cases of Illegal Mining and Destructive Mining,
1. Defendant Wang Moujia was convicted of illegal mining, sentenced to 10 months' imprisonment and fined RMB 15000, which was turned over to the state treasury.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be counted as one day of imprisonment. That is, the term of fixed-term imprisonment is from March 5, 20 14 to October 4, 20 15 years 10. After deducting the fine 1 1400 yuan previously paid to the Bureau of Land and Resources of XX County, the remaining fine of 3,600 yuan will be paid within one month after this judgment takes effect).
Second, continue to recover the defendant Wang Moujia's illegal income of 4,400 yuan, confiscate it and turn it over to the state treasury.
If you refuse to accept this judgment, you can appeal to the Intermediate People's Court of Longyan City, XX Province through our hospital or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.
Presiding judge Lin Cangang
Judge Chen Dingsen
People's juror Shen
20 14 years1February 1 1 day
Bookkeeper Chen
Attachment: Main legal provisions applicable to this case.
Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, enters the mining areas planned by the state, mining areas of great value to the national economy or other people's mining areas without obtaining a mining license, or mines specific minerals that are subject to protective mining as stipulated by the state, 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.
Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, thus 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.
Article 45 The term of fixed-term imprisonment shall be not less than six months but not more than fifteen years, except as provided for in Articles 50 and 69 of this Law.
Article 47 The term of fixed-term imprisonment shall be counted from the date of execution of the judgment; If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
Article 52 When imposing a fine, the amount of the fine shall be determined according to the circumstances of the crime.
Article 53 A fine shall be paid in one lump sum or in installments within the time limit specified in the judgment. If it is not paid at the expiration of the period, it will be compulsory. If the fine cannot be paid for the whole vehicle, the people's court shall recover it at any time if it finds that the person subjected to execution has executable property. If it is really difficult to pay due to irresistible disasters, it may be reduced or exempted as appropriate.
Article 61 When deciding the penalty, it shall be imposed in accordance with the facts, nature and circumstances of the crime and the degree of harm to society, and in accordance with the relevant provisions of this Law.
Article 62 If a criminal is given a heavier punishment or a lighter punishment as stipulated in this Law, he shall be sentenced to punishment within the limits of statutory punishment.
Article 64 All property illegally acquired by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.
Article 67 A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
If a criminal suspect, defendant or criminal serving a sentence who has taken compulsory measures truthfully confesses other crimes that have not been mastered by the judicial organs, he shall be deemed to have surrendered himself.
Although the criminal suspect does not have the circumstances of surrender as stipulated in the preceding two paragraphs, he can be given a lighter punishment if he truthfully confesses his crime; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
Administrative Punishment Law of the People's Republic of China
Article 28 If the illegal act constitutes a crime and the people's court sentences the person to criminal detention or fixed-term imprisonment, and the administrative organ has given the party administrative detention, the corresponding sentence shall be reduced according to law.
When the illegal act constitutes a crime and the people's court imposes a fine, if the administrative organ has imposed a fine on the party concerned, the corresponding fine shall be reduced.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Mining and Destructive Mining.
Article 1 Whoever, in violation of the provisions of the Mineral Resources Law, illegally mines, is ordered to stop mining and refuses to stop mining, thus causing damage to mineral resources, shall be convicted and punished for the crime of illegal mining in accordance with the provisions of the first paragraph of Article 343rd of the Criminal Law:
(a) mining without a mining license;
(two) unauthorized access to the national planning of mining areas, mining areas of great value to the national economy and other people's mining areas;
(three) unauthorized exploitation of specific minerals prescribed by the state for protective mining.
Article 2 In any of the following circumstances, it belongs to "mining without a mining license" as stipulated in Item (1) of Article 1 of this Interpretation:
(a) mining mineral resources without a mining license;
(two) the mining license is cancelled or revoked, and the mining of mineral resources continues;
(3) Mining mineral resources beyond the mining area specified in the mining license;
(four) mining mineral resources without the minerals specified in the mining license (except primary and associated minerals);
(five) other circumstances of mining mineral resources without obtaining a mining license.
Article 3 Illegal mining that damages mineral resources with a value of more than 50,000 yuan belongs to "causing damage to mineral resources" as stipulated in the first paragraph of Article 343rd of the Criminal Law; If the amount is more than 300,000 yuan, it belongs to "causing serious damage to mineral resources" as stipulated in the first paragraph of Article 343rd of the Criminal Law.
Article 6 Destructive mining methods and the amount of mineral resources destroyed or seriously damaged shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification.