The value of minerals is determined based on the amount obtained from selling stolen goods; ordinary laborers are generally not prosecuted for criminal offenses.   

　　11 Moon 28 On [date], the Supreme People's Court and the Supreme People's Procuratorate jointly announced...

Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Mining and Destructive Mining (hereinafter referred to as the “Interpretation”), this “Interpretation” shall take effect from... 2016 Year 12 Moon 1 It shall take effect from the date of promulgation, and the “Interpretation by the Supreme People’s Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases Involving Illegal Mining and Destructive Mining” shall be repealed concurrently.

　　With regard to the circumstances specified in the Criminal Law as “not having obtained a mining permit,” the Interpretation provides clear definitions, namely: those without a permit; those whose permits have been canceled, suspended, or revoked; those operating beyond the mine area or extraction scope stipulated in their permits; and those exceeding the types of minerals specified in their permits (except for coexisting or associated mineral types).

　　The “Interpretation” clarifies the circumstances under which illegal mining activities are considered to constitute “serious circumstances”: when the value of the mined mineral products or the value of damage caused to mineral resources exceeds 100,000 yuan but is no less than 300,000 yuan; when mining takes place in nationally planned mining areas or in mining areas of significant importance to the national economy, involving specific mineral species subject to protective mining regulations prescribed by the state, or when mining occurs in prohibited mining zones or during prohibited mining periods, and the value of the mined mineral products or the value of damage caused to mineral resources exceeds 50,000 yuan but is no less than 150,000 yuan; when an individual has been subjected to administrative penalties for illegal mining more than twice within two years and then commits another act of illegal mining; or when serious damage is caused to the ecological environment. The “Interpretation” further specifies that if the amount involved reaches five times or more of the above-mentioned thresholds, it shall be deemed as “particularly serious circumstances.”

　　With regard to illegal sand mining activities—such as mining sand from riverbeds without obtaining the necessary river sand mining permit or mining sea sand without acquiring the corresponding marine area use rights—the “Interpretation” clearly states that, if such activities meet the requirements stipulated in the Criminal Law and the aforementioned provisions of the “Interpretation,” they shall be convicted and punished as the crime of illegal mining.

　　The “Interpretation” clarifies that if the value of damage caused to mineral resources ranges from 500,000 yuan to over 1 million yuan, or if the value of damage to mineral resources in state-planned mining areas, mining areas of significant importance to the national economy, and specific mineral types subject to protective mining as stipulated by the state ranges from 250,000 yuan to over 500,000 yuan, such cases shall be deemed as “causing serious damage to mineral resources.”

　　The “Interpretation” clarifies that if a person commits the crime of illegal mining but the circumstances are not “particularly serious,” or if the person commits the crime of destructive mining and is a first-time offender, has fully returned all illicit gains and made full restitution, actively undertaken environmental restoration, and demonstrably shows remorse, such cases may be deemed to involve minor criminal circumstances and thus not be prosecuted or may be exempted from criminal punishment. As for individuals who have been hired to provide labor for the crimes of illegal mining or destructive mining—except those who participate in profit-sharing or receive high fixed wages—such individuals generally will not be prosecuted as criminals, unless they have previously been penalized for engaging in illegal or destructive mining.

　　With regard to the value of illegally mined mineral products, the Interpretation requires that the value be determined based on the amount obtained from selling the stolen goods. If there is no such amount, if the amount is difficult to verify, or if determining the value based on the amount sold would clearly be unreasonable, then the value shall be determined based on the price and quantity of the mineral products.

　　If the value of mineral products is difficult to determine, it shall be assessed based on reports issued by price certification agencies and relevant authorities under provincial governments. (Reporter Luo Shuzhen)