Summary
This is a machine-generated summary.
(1) In 2021, a group of individuals, including Zhang San, invested in a project to extract sand from the Yangtze River in Anhui Province's Tongling section, a national-level nature reserve for freshwater porpoises and other endangered aquatic species. The group, led by Hong Mouwu, used "three-no" sand-dredging ships, which are vessels that do not meet safety and environmental standards, and purchased sand from the ships' owners, Zhang Mouwei. The group extracted and transported over 46,000 tons of sand worth over 2.89 million yuan without obtaining the necessary permits. Ma Mouyue, aware that the sand was illegally extracted, purchased and sold 1,700 tons of the sand. The sand-dredging and selling activities spanned across Anhui and Jiangsu provinces.
(2) An investigation found that the group's actions caused significant ecological damage to the Yangtze River, which was linked to the environmental damage in the area. The estimated cost of repairing the ecological damage was over 5.15 million yuan, including damage to the river's structure, fish resources, bottom-dwelling organisms, and biodiversity. The Jiangsu Province Jianhu County Procuratorate prosecuted Zhang San and others for illegal mining and Ma Mouyue for concealing and falsifying crime-derived income. They also filed a public interest lawsuit, seeking compensation for the environmental damage and a public apology through national media.
(3) The case was transferred to the East Tai District Court in Jiangsu Province due to its complexity and the involvement of multiple provinces. The court found Zhang San and others guilty of illegal mining and sentenced them to prison, seizing their ill-gotten gains. Ma Mouyue was found guilty of concealing and falsifying crime-derived income and was also sentenced to prison, with his ill-gotten gains seized. The court ordered Zhang San and others to compensate for the environmental damage of over 5.15 million yuan and publicly apologize through national media.
(4) The court then transferred the executed ecological restoration costs to the Tongling City Intermediate People's Court in Anhui Province, which collaborated with local authorities to implement a project to restore the Yangtze River's ecological environment and protect the freshwater porpoise.
(5) The case has significant implications. Firstly, when there are multiple defendants and multiple provinces involved, the court should determine the most suitable jurisdiction. According to the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law, the court with jurisdiction should be the one that is most suitable for the case, even if it is not the defendant's residence or the location of the crime. In this case, the complexity of the case, the large number of defendants, and the involvement of multiple provinces made it more suitable for a court outside of Anhui Province to handle the case.
(6) Secondly, the use of ecological restoration costs is a key aspect of the case. The Yangtze River's ecological environment should be protected through a systematic approach, with priority given to on-site restoration. In this case, the court transferred the executed ecological restoration costs to the relevant departments in Tongling City, Anhui Province, where the damage occurred. This ensured that the costs were used to restore the environment in the same location.