Recently, Mr. Qu Kaijun represented Wang Mou illegal mining case, the case was returned twice for supplementary investigation, which lasted nearly half a year before and after, and finally obtained the decision of not prosecuting.

First, the basic case

Wang a person in charge of a stone company in henan province, because of the highway construction needs to purchase gravel, the local county government coordination arrangement county city investment company for gravel mining supply. County urban investment company to determine the mining site and mining program, the county government approval permit, and the specific mining labor contracted to the stone company operated by Wang Mou is responsible for. Wang mou in the contracting period, was supervised by the higher natural resources authorities, the local county natural resources authorities in the investigation transferred to the county public security bureau for processing, the county public security bureau then Wang mou did not obtain a mining license, suspected of illegal mining crime to be investigated.

Second, the lawyer multi-perspective put forward the reasons for innocence.

Insist on the defense of innocence

Qu Kaijun lawyer intervention, around the case procedure, factual findings, the application of the law three aspects of the defense: the procedural defense - to administrative law enforcement agencies to transfer suspected criminal cases for investigation of the source as a perspective; factual defense - to the government has licensed mining And handle the relevant formalities, pay the relevant fees for the perspective; legal defense - to the protection of illegal mining crime and illegal understanding of the perspective, and combined with the case file materials for full argumentation, put forward a detailed defense. Qu Kaijun lawyer found after reading the file, the case involves the administrative organs of the case processing of the request for approval of the missing documents, the first time to put forward the application for access to evidence. In the case returned to supplemental investigation after the report, for the evidence of the investigation, the defense lawyers submitted a timely supplemental defense opinion.

Third, the procuratorate fully adopt the defense counsel.

Final decision not to prosecute

Procuratorate fully adopted the defense counsel's opinion that the case “unclear facts, insufficient evidence”, one: subjectively, the non-indicted person wang mou department of labor company, out of the administrative department and platform company's trust, in the payment of more than 10 million of the relevant fees after mining ore and sales, that wang mou subjective intent Illegal mining subjective intent facts are unclear and insufficient evidence; Second, objectively, whether the behavior of the non-prosecuted person Wang Mou violated the state's management system and ownership of mineral resources facts are unclear and insufficient evidence. The object of the crime of illegal mining is to violate the state's management system and ownership of mineral resources. In this case, the mining act was carried out with the permission of the relevant administrative authorities, and it was questionable whether the act of mining and selling the ore violated the State's management system and ownership of mineral resources. Therefore, the procuratorial authorities considered that the conditions for prosecution were not met, and decided not to prosecute Wang in accordance with the provisions of Article 175(4) of the Criminal Procedure Law of the People's Republic of China.

Fourth, “not prosecuting” judicial effect

Non-prosecution, means that the people's procuratorate does not charge the suspect, is the public security organs of the investigation results of a “procedural denial”. People's Procuratorate's decision not to prosecute, the criminal prosecution process is fixed in the examination and prosecution stage, if there is no statutory cause (appeared to meet the conditions of prosecution), the case will not be procedurally advanced, naturally, the suspect will not be tried by the court. Theoretically, innocence includes innocence in substantive law and innocence in procedural law. Non-prosecution is a concept of procedural law, and innocence belongs to the concept of substantive law. In this case, the procuratorial authorities, in accordance with article 175, paragraph 4, of the Criminal Procedure Law of the People's Republic of China, “not prosecuting for lack of evidence”, the reason for not prosecuting is that it does not meet the conditions for prosecution in procedural law, which is the procedural law of innocence, and the same can be achieved at the level of the criminal justice effect of innocence.

Translated with DeepL.com (free version)