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What is the punishment for stealing stones?
1. The punishment for stealing stones needs to be decided according to the situation. They are:
(1) 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;
(2) 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.
2. Legal basis: Article 343rd of the Criminal Law of People's Republic of China (PRC).
The crime of illegal mining violates the provisions of the mineral resources law, mining without a mining license, mining in the state-planned mining areas, mining areas of great value to the national economy and other people's mining areas, or mining specific minerals protected by the state. If the circumstances are serious, he 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; 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.
Whoever, in violation of the provisions of the Mineral Resources Law, exploits mineral resources by destructive mining methods, thus causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined.
2. What are the constitutive elements of illegal acts of mineral resources?
1. The illegal subjects are natural persons, legal persons and social organizations that have reached the legal age of responsibility and have the ability to be responsible;
2. The object is the social relationship and management system protected by mineral resources management laws and regulations, that is, the legal relationship of mineral resources;
3. Subjective aspects. The subjective aspect of mineral illegal behavior requires the actor to be at fault, that is, the actor has intention or negligence subjectively;
4. objective aspects. Any illegal act has corresponding objective facts, and the same mineral illegal act must also have objective facts that violate mineral resources laws and regulations.
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