The Supreme People's Court and the Supreme People's Procuratorate recently jointly issued the Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Mining and Destructive Mining (hereinafter referred to as the Interpretation).
Article 16 of the Interpretation mainly includes three aspects: first, the conviction and sentencing standards for illegal mining crimes and destructive mining crimes; The second is the qualitative treatment and conviction standard of illegal sand mining; Third, the substantive issues involved in mineral resources crimes, such as heavier punishment, unit crime, * * accomplice crime, terminology definition, value identification and other procedural issues, such as illegal income, the handling of criminal tools and the identification of specialized issues.
The Interpretation clarifies the conviction and sentencing standards for illegal mining. According to the explanation, five types of situations should be considered as "serious circumstances" as stipulated in the first paragraph of Article 343 of the Criminal Law: First, the value of mined mineral products or destroyed mineral resources is more than 100,000 yuan but less than 300,000 yuan; Second, mining in the state-planned mining areas and mining areas of great value to the national economy, mining specific minerals that are subject to protective mining as stipulated by the state, or mining in the forbidden mining area or during the forbidden mining period, and the value of the mined mineral products or the value that causes damage to mineral resources is more than 50,000 yuan but less than 150,000 yuan; Third, he was punished more than twice for illegal mining within two years, and he also carried out illegal mining; Fourth, it has caused serious damage to the ecological environment; Fifth, other serious circumstances.
The Interpretation also clarifies the lenient treatment of the crime of destroying mineral resources, stipulating that "if the circumstances of the crime of illegal mining are not' particularly serious', or the perpetrator commits the crime of destroying mining, and the perpetrator is the first offender, all the stolen goods will be returned and the compensation will be refunded, and the environment will be actively repaired. If there is indeed repentance, it can be considered as a minor crime, and no prosecution or exemption from criminal punishment." "For those who are employed to provide services for illegal mining and destructive mining crimes, in addition to participating in profit,