Country
Type of court
Seat of court
Kunming
Court jurisdiction
Date of opinion
2016
Abstract
Hu Zhenrong invited Zhou Taoyuan to purchase and sell wild birds in Ruili City, Yunnan in 2012. Hu Zhenrong instructed Zhou Taoyuan to contact the buyer and contacted Huang Mou in Nanning, Guangxi in June 2013. In May 2014, Hu and Ni Mou jointly invested in a partnership to lease a residential site of Ruili Citizen Group to set up a wild bird breeding farm. On January 7, 2015, Hu Zhenrong instructed Peng Chenggang and Zhou Zhigang to drive a bus to transport wild birds from Ruili City to Kunming. When passing through Longling County, Baoshan City, they were seized by the police of Baoshan Forest Public Security Bureau and a total of 50 wild birds were seized from the bus. He captured Hu Zhenrong in Kunming the next day. Later, the police seized 310 wild birds in the Ruili citizen group. Taoyuan Zhou was arrested on March 12, 2015.
Language of document
Chinese
Reference number
(2016) Yun No. 368 Criminal Final instance
Charges
Zhenrong H. ,Taoyuan Z. were charged with smuggling precious and rare species of wildlife and illegal transporting or selling rare and endangered wild animals. Mou P. and Mou Z. were charged with illegal transporting or selling rare and endangered wild animals.
Species
Transnational
Yes
Decision
The court found Zhenrong H. ,Taoyuan Z. guilty of illegal transport and sell of rare and endangered wild animals according to criminal law Art. 341 1. The court found Mou P. and Mou Z. guilty of illegal transport rare and endangered wild animals according to criminal law Art. 341 1.
Appealed
No
Penalty
3. Defendant Chenggang P. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY20,000 for committing the crime of illegal transport of rare and endangered wild animals. 4.Defendant Zhigang Z. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY10,000 for committing the crime of illegal transport of rare and endangered wild animals. The public security organ should recover the illegal gains and criminal tools of defendants and turned them over to the state treasury. Zhenrong H. ,Taoyuan Z. , Mou P. and Mou Z. (2015) Bao Intermediate No. 328 Criminal First instance 1. Maintain the third, fourth, and fifth criminal judgments of Baoshan Intermediate People's Court (2015) Bao Intermediate No. 328 Criminal First instance, that is, maintain the conviction and sentence of the defendants Peng Mou and Zhou Mou and the public security organ should recover the illegal gains and criminal tools of defendants and turned them over to the state treasury. ((2015) Bao Intermediate No. 328 Criminal First instance :Defendant Chenggang P. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY20,000 for committing the crime of illegal transport of rare and endangered wild animals; Defendant Zhigang Z. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY10,000 for committing the crime of illegal transport of rare and endangered wild animals.) 2. Maintain Baoshan City Intermediate People's Court (2015) Bao Intermediate No. 328 Criminal First instance Criminal Judgment 1 and 2 convicted part of the appellant (the defendant in the original trial) Hu Zhenrong and Zhou Taoyuan, and revoke the appellant in the above two. ((2015) Bao Intermediate No. 328 Criminal First instance :Defendant in the original trial) The sentencing part of Hu Zhenrong and Zhou Taoyuan.(Defendant Zhenrong H. should be sentenced to a fixed-term imprisonment of twelve(12) years in addition to a fine of CNY100,000 for committing the crime of illegal transport and sell of rare and endangered wild animals; Defendant Taoyuan Z. should be sentenced to a fixed-term imprisonment of four(4) years in addition to a fine of CNY 40,000 for committing the crime of illegal transport and sell of rare and endangered wild animals.) 3. The appellant (defendant in the original trial), Hu Zhenrong, was guilty of illegal transport and sell rare and endangered wild animals and was sentenced to a fixed-term imprisonment of ten(10) years in addition to a fine of CNY100,000. 4. The appellant (defendant in the original trial) Zhou Taoyuan was convicted of illegally transporting and selling precious and endangered wild animals and was sentenced to a fixed-term imprisonment of three years in prison with a suspension of five years in addition to a fine of RMB 40,000.
Legislation cited
National Directory of Precious and Endangered Wildlife