How long is the sentence for illegal mining 1 10,000 yuan?

Whoever commits the crime of illegal mining shall generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined. However, if illegal mining causes serious damage to mineral resources, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

First, how many years will the crime of illegal mining be sentenced?

Whoever commits this crime shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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.

Second, the criteria for filing the crime of illegal mining.

According to the Supreme People's Procuratorate and the Ministry of Public Security, "Provisions on the Standards for Criminal Cases under the Jurisdiction of Public Security Organs (I)"

Article 68 Anyone who, in violation of the provisions of the Mineral Resources Law, mines without a mining license, or enters a state-planned mining area, a mining area of great value to the national economy or another person's mining area without authorization, or mines a specific mineral subject to protective mining as stipulated by the state, and refuses to stop mining, resulting in a loss of mineral resources of more than 50,000 yuan but less than 100,000 yuan, shall be placed on file.

In any of the following circumstances, it belongs to "mining without a mining license" as stipulated in this article:

(a) mining mineral resources without a mining license;

(two) continue to mine mineral resources after the mining license is cancelled or revoked;

(3) Mining mineral resources beyond the mining area specified in the mining license;

(four) mining mineral resources without the minerals specified in the mining license (except primary and associated minerals);

(five) other circumstances of mining mineral resources without obtaining a mining license.

Mining without authorization during the period of withholding the mining license according to law shall be regarded as "mining without a mining license" as stipulated in this article.

The amount of value caused by the destruction of mineral resources shall be determined by the competent department of geology and mineral resources at or above the provincial level after verification.

Combined with the provisions of the law, when determining the crime of illegal mining, the subject at this time is required to be the general subject, but only the leaders and main executors who make illegal mining decisions in state-owned, collective or township mining enterprises, as well as the instigators, organizers, commanders and individual miners who gather people to illegally mine. The object of the crime of illegal mining is mainly the state's management system of mineral resources and mining production and the state's ownership of mineral resources.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 343rd of the Criminal Law of People's Republic of China (PRC) stipulates the crime of illegal mining; The crime of destructive mining violates the provisions of the mineral resources law, mines without a mining license, and enters the state-planned mining areas, mining areas of great value to the national economy and mining areas of others without authorization. Or unauthorized exploitation of specific minerals protected by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control, and shall also or only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.