Where is rocky mining
law stipulates:
< 107th Criminal Procere Law > the public security organs or people's Procuratorate find criminal facts or suspect, and shall file for investigation according to their jurisdiction. Br > > 108th units and indivials who have found criminal facts or suspect have the right and obligation to report to the public security organ, the people's Procuratorate or the people's court.
the victim has the right to report to the public security organ, the people's Procuratorate or the people's court for a crime or a criminal suspect who infringes upon his personal or property rights.
public security organs, people's Procuratorates or people's courts should accept reports, charges and reports. If the case is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the reporter, accuser or informant shall be notified; For those who are not under their jurisdiction but must take emergency measures, they shall first take emergency measures and then transfer them to the competent authorities
If a criminal voluntarily surrenders himself to a public security organ, a people's Procuratorate or a people's court, the third paragraph shall apply.
Article 343 (1) in violation of the provisions of the mineral resources law, anyone who mines without a mining license, enters a state planned mining area, a mining area of great value to the national economy, or another person's mining area for mining without authorization, mines a specific kind of mineral prescribed by the state for protective mining without authorization, and refuses to stop mining after being ordered to stop mining, Whoever causes damage to mineral resources shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; Whoever causes serious damage to mineral resources shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined< Article 346 where a unit commits the crimes mentioned in articles 338 to 345 of this section, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible for the crime shall be punished in accordance with the provisions of each article of this section< [relevant laws]
Article 39 of the mineral resources law of the people's Republic of China, in violation of the provisions of this law, mines without a mining license, enters the state planned mining area, mines within the mining area of great value to the national economy, and mines specific minerals that are protected by the state regulations, shall be ordered to stop mining and compensate for losses, The mined mineral procts and illegal income shall be confiscated and a fine may be imposed; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law
units and indivials who enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraph
Article 40 those who mine beyond the approved mining area shall be ordered to return to the mining area for mining and compensate for losses, and the mineral procts and illegal income from cross-border mining shall be confiscated and may also be fined; Those who refuse to return to the mining area for mining and cause damage to mineral resources shall have their mining license revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law< According to the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing criminal cases under the jurisdiction of public security organs (1), Article 68 [illegal mining case (paragraph 1, article 343 of the criminal law)] those who violate the provisions of the mineral resources law, mine without obtaining a mining license, or enter a state planned mining area, or Anyone who mines in a mining area of great value to the national economy or in another person's mining area, or arbitrarily mines a specific type of mineral that is subject to protective mining as prescribed by the state and refuses to stop mining after being ordered to stop mining, thus causing damage to mineral resources with a value of more than 50000 to 100000 yuan, shall file a case for prosecution< (1) mining mineral resources without a mining license< (2) continuing to exploit mineral resources after the mining license has been cancelled or revoked< (3) mining mineral resources beyond the mining area specified in the mining license< (4) mining mineral resources not in accordance with the minerals specified in the mining license (except symbiotic and associated minerals); and< (5) other situations of mining mineral resources without mining license
mining without permission ring the period when the mining license is suspended according to law is regarded as "mining without permission without mining license" in this article
the amount of value resulting in the destruction of mineral resources shall be determined by the Department in charge of Geology and mineral resources at or above the provincial level after verification[
the crime of intentional injury refers to the crime of intentionally and illegally injuring other people's body to a certain degree, which should be punished by criminal law< Article 234 of the criminal law: Whoever intentionally injures another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance< Any person who commits the crime mentioned in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years; Whoever causes death or serious injury to a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this law, such provisions shall prevail
Article 202 of the criminal procere law of the people's Republic of China, when trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no more than three months at the latest. With the approval of the people's court at the next higher level, an extension of three months may be granted in cases where death penalty may be imposed or in cases with incidental civil proceedings, or in any of the circumstances specified in Article 156 of this law; If the extension is necessary e to special circumstances, it shall be reported to the Supreme People's court for approval.
is going to surrender himself. If he is not released on l pending trial, he will be detained in the local detention center. But the longest time he can be in the police station is 24 hours before sending it to the detention center. p>
surrender to the police can be given a lighter or mitigated punishment. If a criminal suspect surrenders himself, whether he can not be detained or not depends on the nature of the case and the value of the case involved and the situation of his claim, which is decided by the unit in accordance with the actual situation. If the circumstances are minor, you can get a l pending trial, then go home and wait for news until the court decides. The maximum time limit for l is one year
according to Article 83 of the criminal procere law,
after detention, the detainee shall be sent to the detention center immediately, no more than 24 hours at the latest
extended information:
according to Article 67 of the criminal law of the people's Republic of China:
those who voluntarily surrender after committing a crime and truthfully confess their crime are voluntary surrender. A criminal who surrenders himself may be given a lighter or mitigated punishment. Among them, those who commit minor crimes may be exempted from punishment
According to the general principles of sentencing stipulated in Article 57 of the Chinese criminal law and the judicial practice experience, it is generally believed that the general principles of sentencing for voluntary surrender should grasp the following three points:mainly based on the facts of crime. Voluntary surrender of a criminal can end the continuous state of harming the society caused by his crime, but the damage to the society will not be eliminated by voluntary surrender. When a criminal gives himself up to the police, it just shows his attitude towards his crime, but it doesn't change the fact of his original crime
when the judge decides to sentence the criminal who surrendered himself, he must take the fact of his crime as the main basis. In judicial practice, according to the severity of the crime of surrender, the judges first draw up a range of punishment in accordance with the relevant laws, and then combine with the lenient circumstances of surrender, so we should grasp the degree, be strict, lenient and moderate, and not be in vain
consider the situation of surrender. It mainly includes:
1, the time of surrender. The time when the criminal surrendered to the police indicates the time of repentance; At the same time, it also shows that the criminal behavior of the offender is harmful to the society
The reasons and motives of voluntary surrender. Confession, penitence and repentance psychology are the three elements of voluntary surrender. When the penitent attitude is good, those who surrender also show the degree of repentance, which should be considered when sentencing3. Whether the confession of the crime is thorough and active also shows whether the offender is truly repentant
4. Whether the criminals have active performance. In sentencing, judges must pay attention to these four circumstances
source of reference: Internet - surrender
" surrender to a criminal suspect after committing a crime, should he be detained? According to Article 80 of the criminal procere law, a public security organ may detain an active criminal or a major suspect in advance under any of the following circumstances: (1) he is preparing to commit a crime, committing a crime or is discovered immediately after committing a crime 2 The victim or a person who has witnessed the crime with his own eyes 3 Where criminal evidence is found at one's side or residence 4 Attempting to commit suicide, escape or be at large after committing a crime 5 There is a possibility of destroying or forging evidence or colluding in Confessions 6 Those who do not give their real name or address and whose identity is unknown 7 There is a major suspicion of fleeing, committing crimes repeatedly, or committing crimes in groups. Therefore, in accordance with the above provisions, if the case is surrendered after committing a crime, the public security organ can generally detain the criminal suspect first. Legal basis: Article 80 of the criminal procere law of the people's Republic of China, the public security organ may detain an existing criminal or a major suspect in advance if he is in any of the following circumstances: (1) he is preparing to commit a crime, committing a crime or is found immediately after the crime 2 The victim or a person who has witnessed the crime with his own eyes 3 Where criminal evidence is found at one's side or residence 4 Attempting to commit suicide, escape or be at large after committing a crime 5 There is a possibility of destroying or forging evidence or colluding in Confessions 6 Those who do not give their real name or address and whose identity is unknown 7 There is a major suspicion of fleeing, committing crimes repeatedly, or committing crimes in groups