On August 20, 2013, the defendant Jiang Yuanhua took a flight from Nairobi, Kenya, via Incheon Airport, South Korea, to Weihai, China. He hid 6 ivories, 17 ivory bracelets, 29 ivory stamps, and 11 ivory necklaces 2 pieces of leopard skin in his luggage premeditated to sell in China for profit. When he arrived at Weihai Airport at 15:00 the next day, he was seized on the spot by customs staff. The value of the valuable animal products involved in the case was RMB 701,338. There are 6 ivories, 17 ivory bracelets, 29 ivory stamps, and 11 ivory necklaces. Ivory is owned by Asian elephants or African elephants (Asian elephants are first class state protection standards. African elephants are listed in Appendix 1 of the CITES, and refer to the first class state protection standards in China standards implementation). There are two pieces of leopard skin. The leopard belongs to the first class state protection standards and is a species in Appendix I of CITES.
The defendant Yuanhua J. charged with felony counts of smuggling precious and rare species of wildlife as well as the products thereof ( trial at first instance case)
Country
Type of court
Seat of court
Weihai
Court jurisdiction
Date of opinion
2014
Abstract
Language of document
Chinese
Reference number
(2014) Wei No.3 Criminal Two First instance
Charges
Yuanhua J. was charged with smuggling precious and rare species of wildlife products.
Species
Transnational
Yes
Decision
The court found Yuanhua J. guilty of smuggling precious and rare species of wildlife products according to criminal law Art. 151 2.
Appealed
No
Penalty
Defendant Yuanhua J. should be sentenced to a fixed-term imprisonment of eight(8) years in addition to a confiscation of personal property RMB 100,00 of CNY100,000 for smuggling precious and rare species of wildlife products. The public security organ should recover the illegal gains of defendants and turned them over to the state treasury.
Legislation cited
National directory of precious and endangered wildlife