article 343 – draft amendment

Article 343 (Illegal mining, destructive mining) Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters and mines in a mining area that is embraced in State plans, a mining area that is of great value to the national economy or another person’s mining area, or mines specified minerals of which protective mining is prescribed by the State, if circumstances are serious, 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; if circumstances are particularly serious, he shall be sentenced to not less than three years and not more than seven years fixed-term imprisonment and shall also be fined.

Whoever, in violation of the provisions of the Mineral Resources Law, mines mineral resources in a destructive way, thus causing severe 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.

Current version

Article 343 Whoever, in violation of the provisions of the Mineral Resources Law, mines without a mining license, enters and mines in a mining area that is embraced in State plans or a mining area that is of great value to the national economy or another person’s mining area, or mines specified minerals of which protective mining is prescribed by the State, if he refuses to stop mining after being ordered to do so, thus damaging the 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; if severe damage is caused 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.

Whoever, in violation of the provisions of the Mineral Resources Law, mines mineral resources in a destructive way, thus causing severe 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.

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