The Supreme People's Court has set a penalty of 100,000 to 300,000 yuan for the crime of illegal mining, and the provincial high courts must determine the specific amount within this range. If there is no provision in this province, it will be convicted of 300,000 yuan in accordance with the principle of favoring the defendant.
This would have been nothing controversial. However, some judges were very capricious when adjudicating cases, and in an illegal mining case in Jiangxi, the judge convicted him with 100,000 yuan without basis.
His reasoning was that when Jiangxi Province determined the amount of other crimes, it was based on the lower-middle amount. Although the Jiangxi Provincial High Court did not stipulate the crime of illegal mining, it is customary to determine the standard for criminalization according to the amount of 100,000 yuan.
This is really ridiculous, when can the law in criminal cases be applied to the custom? Jiangxi Province's standard for the crime of theft is set at a low amount, and the standard for the crime of fraud is set at a low amount, can it be considered that the crime of illegal mining in Jiangxi must be a low amount?
It is not a crime unless there is an express provision in the law, and there is no punishment in the absence of an express provision in the law. Judges do not have the power to legislate. I wonder how this judge used such absurd logic to derive such absurd conclusions.
When encountering such a willful judge, he should resolutely appeal and strive for a fair result of innocence for the parties.