Legal Gas Station Does the sand and gravel excavated from the construction of the project constitute the crime of illegal mining after being sold?I'm not kidding anymore, there really are cases like this.
A company in Shandong, won the bid for a highway project, excavated sand and gravel during construction, the professional term of the ore is wind sand, this company in addition to their own engineering use of these weathered sand, but also sold to other projects, after identification, the total value of the weathered sand excavated is 130,000, the case handling agency believes that it constitutes the crime of illegal mining, filed a case for investigation and transferred to the procuratorate for review and prosecution.
On one's own construction site, digging up sand and gravel and selling it, does it constitute the crime of illegal mining?
No. Although in criminal law, this kind of behavior does seem to be suspected of illegal mining. Let's analyze: there is mining behavior, right?**Ore, right?You don't have a mining license, do you?It seems that it does constitute the crime of illegal mining.
However, the crime of illegal mining is the most typical administrative offense, and the first violation is administrative law. On the issue of engineering mining, the two reply letters of the former Bureau of Land and Resources, "98 Letter Reply" and "99 Letter Reply", have long been decided, and the construction unit uses sand, stone and soil for the construction of the project, but does not put it into the circulation field for the purpose of profit, and does not need to apply for a mining license. On April 13 this year, the Ministry of Natural Resources issued the Notice on Regulating and Improving the Management of Sand and Gravel Mining, which further clarified the above provisions.
Therefore, the above-mentioned behavior of the Shandong Company does not legally constitute the crime of illegal mining.
However, the public prosecutor's office is not a mining expert, they only know the law, so they will be filed, and these need professional mining lawyers to defend them. If the lawyer does not understand the mine, then he can only return and pay restitution, admit guilt and accept punishment according to the routine, and strive for a suspended sentence and misdemeanor.
This was originally innocent, but because I didn't find a lawyer who knew about mining, the money was returned and I was sentenced to probationTherefore, for illegal mining, it is still necessary to find a lawyer who understands mining.