The beginning was serious, and the opposite side was scared by me and called the police!

Chapter 377

On filing standards.

It needs to constitute a loss of mineral resources of at least 5 yuan.

To know.

According to the Land and Resources Law, water resources and land resources are owned by the state.

Private can occupy and use.

But without ownership.

The same is true for water resources. Without approval or authorization, private exploitation is not allowed.

As for why water resources are classified as mineral resources...

This is related to the Mineral Resources Act.

There are four categories in total.

in the prosecutor's complaint.

A defendant dug wells in his bathing center, which constituted illegal mining.

Twelfth floor: I still don't understand.

Eighth floor: I have heard of the theory of the three classes, and it seems that it does not conform to it. It does not constitute a crime.

Third floor: It depends on whether watering and irrigation is considered as a profit-making behavior, I personally think it is not?See what the fourth floor has to say.

The corner of Qin Mu's mouth twitched, and he couldn't help sighing.

These dozens of crimes...

These defendants spanned major industries and involved dozens of fields, such as taxation, personal injury, and smuggled goods.

First Criminal Tribunal.

"I've known you for a long time."

But farmers dig wells to irrigate...

After thinking about it for a long time, I couldn't figure it out.

And some are very remote, such as the crime of illegal mining, the crime of forced trading, the crime of bluffing and deceiving, the crime of being cheated and so on.

And there is a fish seller who forces others to buy and sell by force in the vegetable market, which constitutes the crime of forced trading.

Because of being implicated, the overseas gang was arrested and brought to justice, and confessed to the deceived person.

For ordinary people, digging wells without permission and using water for themselves does not constitute the crime of illegal mining.

It directly constitutes the crime of bluffing and deceiving, which refers to the act of impersonating the identity or title of a staff member of a state agency for the purpose of seeking illegal benefits, defrauding, and damaging the prestige of the state agency and its normal activities.

Thirteenth floor...

result……

Qing Lan looked at the comments left by netizens, and was also a little confused.

This is more complicated to say.

As long as someone with some legal basis...

One of the defendants fell into the crime of being defrauded, and was defrauded of nearly 300 million yuan by an overseas gang when helping the company handle a cooperation contract.

And these more than 600 defendants...

To know.

Sixth Floor: Let me tell you, whether it is for profit depends on who will file the lawsuit. If you let up come, the lawyers on the other side will all go in.

Qin Mu sat on the witness stand.

It does not constitute a crime to sell water resources or make profits in other ways.

Illegality is also satisfied, which is a profit-making behavior.

The third is non-metallic minerals, such as diamond, graphite, volcanic ash and so on.

And this behavior...

This post is very detailed.

The fourth is water vapor minerals, such as groundwater, mineral water, carbon dioxide, hydrogen dioxide and so on.

Can understand.

That's right.

Tenth floor: Let me popularize science. The three-level theory refers to the fact that if a crime is to be constituted, it needs to meet three conditions. Illegality refers to the violation of relevant laws and regulations, and responsibility refers to the fact that the actor needs to bear corresponding responsibilities for the behavior.

Ninth floor: What is the theory of three classes?
Jiulou: I always feel out of place in a forum with you guys. It is also a nine-year compulsory education. Why are you talking so much?

If the perpetrator is an adult, he is fully responsible for his actions.

Fourth Floor: This is a proper profit-making behavior. Isn't my irrigation just to make money?See what the fifth floor has to say.

From the perspectives of conviction, conviction, and sentencing, the crime of illegal mining is clearly analyzed.

One is energy minerals, such as coal, oil, natural gas and so on.

There are also behaviors such as collecting carbon dioxide and hydrogen dioxide in the air, which are also illegal mining.

And below this post, hundreds of floors popped up in an instant.

The crime he committed is called the crime of dereliction of duty in signing and performing a contract.

As long as there is no license or permission to dig water wells and mine groundwater, it is an illegal infringement of mineral resources.

Qin Mu's eyes flickered slightly, and he muttered a sentence in his heart.

First floor: Thank you to the landlord, the landlord is a good person with a safe life.

But it is not directly occupying property, but using seemingly legitimate means to trade.

"These defendants... have really thoroughly studied criminal law."

Good thing it didn't take long.

He was also sent in directly.

According to the provisions of the Mineral Resources Law, mineral resources refer to various resources that are formed due to geological processes, have economic value, and are in solid, gaseous, and liquid states.

There is another defendant who is more strange.

I like to pretend to be a traffic policeman, directing traffic on the road, or pretending to be a policeman, helping people in the community to persuade people to fight, and even custom-made several sets of "professional uniforms" privately.

period.

89 in total.

Directly accounted for nearly a quarter of criminal charges.

Except for water resources.

The second is metal minerals, such as gold, silver, copper, iron and tin.

The crimes in the previous video he made were shared by these defendants, and the circumstances were more serious.

The charge sounds outrageous.

Jincheng.

The crime of forced trading refers to the act of using violence or threats to forcefully buy or sell goods, force others to provide services or force others to accept services, and the circumstances are serious.

In the criminal law, it refers to being defrauded due to serious irresponsibility in the process of signing and performing a contract, or the staff of financial institutions and companies and enterprises engaged in foreign trade activities are seriously irresponsible, resulting in a large amount of foreign exchange being fraudulently purchased. Or evasion of foreign exchange, causing heavy losses to the interests of the company.

The reason why the defendant constituted the crime of illegal mining was that he deliberately and illegally excavated groundwater while knowingly digging wells violated the law, in an attempt to save money and use it for profit.

Eleventh floor: I have also learned the theory of the three classes before. Three conditions must be met before it can be considered a crime.

The prosecutor's lips were dry and he drank several bottles of mineral water.

From the definition alone, she didn't understand it at all.

Even if he did not defraud the property, it constituted a crime.

In the "Criminal Law", there are only 422 accumulative charges for all crimes.

And being cheated...

The confirmation of crimes in the criminal law emphasizes the corresponding responsibility, that is, whoever commits a criminal act must bear the corresponding responsibility for illegal crimes.

and.

Because in the criminal constitution of this sin...

There are two crucial conditions, intentional and profit-making purposes.

Although many villagers have drilled wells at home, it is for their own convenience.

She is like a lot of netizens.

Seventh floor: I am a lawyer. This should not constitute a crime, because it does not conform to the three-level theory of criminal establishment.

This is absolutely unprecedented and unprecedented.

Also.

And in the country.

She had never heard Qin Mu talk about this theory of the three classes.

an intermediate court.

After three long hours of continuous prosecution, the public prosecutor finally completed the indictment of the criminal facts of more than [-] people.

Even collecting air can sometimes be a crime!
but……

On the 176th floor, a netizen enthusiastically answered the questions that everyone cares about:
"Both conformity and illegality are satisfied, but responsibility is obviously not satisfied, because the use of well water for irrigation has existed in ancient times, even if the perpetrator has carried out the act of illegal mining, he should not be held responsible for the act."

Immortal jump also belongs to this rank.

If rural farmers dig a large amount of groundwater for irrigation, their behavior is indeed in line with the crime of illegal mining.

therefore.

Among them, 48 were negligent crimes, accounting for 11%, and 374 were intentional crimes, accounting for 89%.

Obviously, it is the influence of the concept of traditional agricultural cultivation, and it is not an individual that is wrong, and it is a common phenomenon.

"When the trial is over...you can make these crimes into video materials and explain them specifically."

Fifth floor: The fifth floor is very confused now, let's say a few words on the sixth floor.

The second floor: I have learned a lot, but I have a question, if I am a vegetable grower, dig wells for irrigation, and use [-] tons of water every day, will this constitute a crime?

Even if there is a theory, I have not figured out the logic.

This crime is somewhat similar to the crime of extortion, both of which use violence.

Some are very popular, and basically everyone knows them, such as the crime of intentional injury and the crime of destroying property.

Being idle and bored, he silently counted the number of these crimes charged by the prosecutor.

……

Even if all the behaviors belong to illegal mining, the behavior is intentional and should not be punished as a crime.

After reading the detailed content in this big guy's post, Qing Lan looked suddenly enlightened.

Not to deceive others, but to be deceived will also constitute a crime.

this sin...

It is aimed at those employees who neglect their duties and lie flat.

On filing a case.

It is necessary to cause the relevant units to go bankrupt, suspend business, suspend production for more than six months, or have their permits and business licenses revoked, be ordered to close down, cancel, or dissolve, or cause huge losses to the country.

(End of this chapter)