Song Mouyou's illegal mining case

-- Illegal sand mining on contracted rural collective land constitutes the crime of illegal mining

keyword

criminal
Illegal mining crimes
Illegal sand mining
Leniency and severity
Incidental civil public interest litigation
Indemnification

Basic facts of the case

　　In December 2018, the defendant Song Mouyou contracted the collective land of 15 villagers in a village in the Economic and Technological Development Zone of Puyang City, Henan Province for the purpose of selling sand for profit. From January to November 2019, without obtaining a sand mining license, Song Mouyou dug sand in the contracted land and made a profit from the sale of Hu, Jin Moulong and others. After identification, Song Mouyou illegally mined 19,955.37 cubic meters of sand, causing the destruction of mineral resources worth 518,840 yuan. In the meantime, the Economic and Technological Development Zone Bureau of the Puyang Municipal Bureau of Land and Resources investigated and dealt with Song Mouyou's illegal sand mining behavior and imposed an administrative penalty of a fine of 65,997 yuan. In December 2020, Song Mouyou surrendered to the public security organ and took the initiative to return 30,000 yuan of illegal gains. After assessment, the land reclamation cost involved in the case was 342,816.72 yuan, and Song Mouyou had paid the amount. The procuratorate initiated an attached civil public interest lawsuit.

　　On December 2, 2021, the People's Court of Nanle County, Henan Province, rendered the (2021) Yu 0923 Xingchu No. 163 Criminal Judgment, 1. The defendant Song Mouyou committed the crime of illegal mining and was sentenced to one year imprisonment and a fine of 60,000 yuan. (The term of imprisonment is calculated from the date of execution of the sentence.) Where a person is detained before the judgment is enforced, the sentence is to be reduced by one day for each day of detention, that is, from December 3, 2020 to December 2, 2021. The fine has been paid). 2. The 30,000 yuan of unlawful gains returned by defendant Song Mouyou are to be confiscated and turned over to the state treasury. 3. Song Mouyou, the defendant in the attached civil public interest lawsuit, compensated RMB 342,816 for the cost of ecological environment restoration (paid).

Reasons for the Adjudication

　　The effective judgment of the court held that the defendant Song Mouyou violated the provisions of the Mineral Resources Law by mining sand without obtaining a mining license, and the circumstances were serious and constituted the crime of illegal mining. Song Mouyou has voluntarily surrendered, and the punishment may be mitigated or commuted in accordance with law. They voluntarily admit guilt and accept punishment, and voluntarily pay for ecological restoration, and may be given a lighter punishment as appropriate in accordance with law. Song Mouyou was punished by the administrative authority, which is the same fact as this case, and the administrative fine of 65,997 yuan was deducted from the fine. Song Mouyou's illegal mining damages the ecological environment and harms the national and social public interests, and shall bear civil liability for compensation. sentenced Song Mouyou to one year in prison and a fine of 60,000 yuan; confiscate and return 30,000 yuan of illegal gains; Compensation for ecological restoration costs of 342,816.72 yuan (paid).

Summary of the trial

　　Where the perpetrator illegally mines sand on the collective land contracted by the perpetrator without obtaining a mining license, destroying mineral resources and the ecological environment, and meets the requirements of paragraph 1 of Criminal Law article 343, it constitutes the crime of illegal mining.

Associate indexes

　　Article 343, paragraph 1, of the People's Republic of China Penal Code;

　　Article 3 of the People's Republic of China Mineral Resources Act;

　　Articles 6 and 64 of the People's Republic of China Environmental Protection Law;

　　Articles 187 and 1235 of the Civil Code of the People's Republic of China;

　　Articles 1, 2 and 3, Paragraph 1, Item 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Mining and Destructive Mining;

　　Article 20 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases";

　　Article 13 of the Interpretation on Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases;

　　First instance: Criminal Judgment of Nanle County People's Court of Henan Province (2021) Yu 0923 Xingchu No. 163 (December 2, 2021)