Country
Type of court
Seat of court
Xuzhou City, Jiangsu
Court jurisdiction
Date of opinion
2016
Abstract
In violation of the state regulations on the protection of rare and endangered wild animals, defendants Aimin Z., Nan L., Jie W., Dongdong H., Dalin H., Zhi W., Jiangtao G., Xiyuan L., Gao W., Zhengwen L., Yu D., Jing T., Xueyi W., Tengyan Xu., and Shuo Ch. separately hunted, purchased, transported, and sold wild animals knowing that such wild animals were under special state protection. In particular, the acts of Aimin Z. and Nan L. had especially serious circumstances and those of Jie W. and Dongdong H. had serious circumstances. The acts of Aimin Z., Nan L., Jie W., and Jing T. separately constituted the crime of illegal purchase, transport, and selling of rare and endangered wild animals; the acts of Dalin H. constituted the crime of illegal purchase and selling of rare and endangered wild animals; the acts of Zhi W.and Xueyi W. separately constituted the crime of illegal transport and selling of rare and endangered wild animals; and the acts of Gao W., Zhengwen L., Yu D., Tengyan X., and Shuo Ch. separately constituted the crime of illegal purchase of rare and endangered wild animals.
Language of document
Chinese
Reference number
(2016) Su 0302, No.189 Criminal First instance
Charges
Aimin Z. And Nan L. et al. were charged with illegal hunt, purchase,, transport and intent to sell threatened or endangered wildlife.
Species
Eagle,
Crocodile
Transnational
No
Decision
The court found 13 defendants guilty of illegal purchase and sale of endangered species according to criminal law Art. 341 1, 1 defendants guilty of illegal transport of endangered species and 2 defendants guilty of illegal hunting and sale of endangered species.
Appealed
No
Penalty
1. Defendant Aimin Z. was sentenced to a fixed-term imprisonment of 11 years and six months in addition to a fine of CNY 40,000 for committing the crime of illegal purchase, transport, and selling of rare and endangered wild animals. 2. Defendant Nan L. was sentenced to a fixed-term imprisonment of 11 years in addition to a fine of CNY 35,000 for committing the crime of illegal purchase, transport, and selling of rare and endangered wild animals. 3. Defendant Jie W. was sentenced to a fixed-term imprisonment of seven years in addition to a fine of CNY 20,000 for committing the crime of illegal purchase, transport, and selling of rare and endangered wild animals. 4. Defendant Dongdong H.was sentenced to a fixed-term imprisonment of five years in addition to a fine of CNY 15,000 for committing the crime of illegal purchase and transport of rare and endangered wild animals. 5. Defendant Dalin H. was sentenced to a fixed-term imprisonment of four years in addition to a fine of CNY 10,000 for committing the crime of illegal purchase and selling of rare and endangered wild animals. 6. Defendant Zhi W.was sentenced to a fixed-term imprisonment of two years in addition to a fine of CNY 7,000 for committing the crime of illegal transport and selling of rare and endangered wild animals. 7. Defendant Jiangtao G. was sentenced to a fixed-term imprisonment of one year in addition to a fine of CNY 3,000 for committing the crime of illegal hunting of rare and endangered wild animals; and a fixed-term imprisonment of one year in addition to a fine of CNY 3,000 for committing the crime of illegal purchase of rare and endangered wild animals; it was decided to execute a fixed-term imprisonment of one year and six months in addition to a fine of CNY 6,000. 8. Defendant Xiyuan L. was sentenced to a fixed-term imprisonment of one year and six months in addition to a fine of CNY 6,000 for committing the crime of illegal hunting of rare and endangered wild animals. 9. Defendant Gao W. was sentenced to a fixed-term imprisonment of one year with a suspension of two years in addition to a fine of CNY 5,000 for committing the crime of illegal purchase of rare and endangered wild animals. 10. Defendant Zhengwen L. was sentenced to a fixed-term imprisonment of one year with a suspension of two years in addition to a fine of CNY 5,000 for committing the crime of illegal purchase of rare and endangered wild animals. 11. Defendant Yu D. was sentenced to a fixed-term imprisonment of one year with a suspension of one year and six months in addition to a fine of CNY 3,000 for committing the crime of illegal purchase of rare and endangered wild animals. 12. DefendantJing T. was sentenced to a fixed-term imprisonment of one year with a suspension of one year and six months in addition to a fine of CNY 3,000 for committing the crime of illegal purchase, transport, and selling of rare and endangered wild animals. 13. Defendant Xueyi G. was sentenced to a fixed-term imprisonment of one year with a suspension of one year and six months in addition to a fine of CNY 3,000 for committing the crime of illegal transport and selling of rare and endangered wild animals. 14. Defendant Tengyan X. was sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY 3,000 for committing the crime of illegal purchase of rare and endangered wild animals. 15. Defendant Shuo C.was sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY 3,000 for committing the crime of illegal purchase of rare and endangered wild animals. The public security organ should recover the illegal gains of defendants and turned them over to the state treasury; and hand over the detained wild animals involved to the corresponding authority for disposal.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife