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With a legal river dredging project, the excavated sand and gravel mixture can only be thrown away in vain?
Someone consulted me about such a case, a company, let's call it Company A for the time being. Company A undertook an ecological restoration project for a local river, and when the river was dredged, some silt was removed, which contained some sand and gravel.
The sludge has been piled up on the vacant land rented by the company, and the local environmental protection department has repeatedly urged the company to transfer and clean it up in a timely manner. Later, the company asked the department of natural resources and replied that the waste could be disposed of on its own.
Company A contacted the local sand and gravel company, not only cleaned up the silt, but also made a profit of more than 120 yuan after cleaning.
Later, Company A was reported and prosecuted to the court for illegal mining, and the verdict has not yet been issued.
Do you think it's fair?Company A carried out a dredging project to dig up the silt, although it contained sand and gravel, but the relevant departments have replied that they can deal with it themselves. Let me assume that if Company A is thrown away, it is not a crime, and if it is sold for money, it is illegal mining, this logic is ridiculous.
The crime of illegal mining has never been criminalized on the basis of whether it is profitable or not, and criminal law should not punish acts that are not subjectively intentional. In my later works, I will give you a detailed analysis of why this situation does not constitute the crime of illegal mining.