On the Determination of the"Serious Circumstances"of the Crime of Illegal Mining
The judicial interpretation gives categorization-based description of"serious circumstances"of the crime of illegal mining.When determining the value involved in a case,it is necessary to take the legal interest as the guideline to exclude the value of mineral resources exploited by others,deduct reasonable mining and transportation costs,and properly determine the base date of value determination.When it is difficult to determine the value,the case should be determined in favour of the defendant."Engaging in illegal mining again after he or she has been subject to two or more administrative penalties due to illegal mining"means that starting from any point of time,he or she has had three instances of illegal mining within a two-year period(two of which have been punished),and there is no need to limit the imposition of penalties to a specific authority.The value corresponding to the illegal mining that has been penalized shall not be accumulated,and the administrative fine shall not be converted into the criminal fine.If acts of illegal mining of administrative violation have been committed many times and no administrative penalty has been imposed,the amount of the value shall be accumulated and such acts be handled according to law.When illegal mining seriously pollutes the environment but does not"cause serious damage to the ecological environment",and it should be dealt with according to the principle of imaginative concurrence of offenses.Any person who,after illegal mining,commits other related acts and seriously pollutes the environment shall be punished for several crimes."Causing serious damage to the ecological environment"includes causing damage to the river,marine ecological environment,destruction to vegetation,forest and arable land,as well as surface subsidence,etc."Other serious circumstance"should be comparable with the previous circumstances,and as long as the consequence or behavior has equivalent social harmfulness and necessity of punishment,it can be considered as"a serious circumstance".
Crime of Illegal MiningSerious CircumstanceCategoryDetermination
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