The defendants Gonggapingcuo, Gonggachilai and others charged felony counts of illegally hunting and killing rare and endangered wild animals (first instance case)

Country
Territorial subdivision
Type of court
Seat of court
Yushu
Court jurisdiction
Date of opinion
2018
Abstract

On December 20, 2017, Gonggapingcuo proposed to Daga and Gonggachilai to hunt musk deer. After the two agreed, Gonggapingcuo produced more than 60 iron wires for hunting. The next day, they drove a van and went up the mountain to drop traps. About five days later, Gonggapingcuo and Gonggachilai drive to the ravine where the trap was previously dropped and found a female musk deer strangled by a wire trap. They buried it nearby. On December 30, 2017, the three defendants again went to the ravine where the trap was dropped and found two female musk deer strangled by wire traps. At the foot of the mountain, they were arrested on the spot by the police of Yushu Forest Public Security Bureau, and seized more than 60 iron wires and three female musk corpses. After identification, the wild animal involved was Alpine musk deer, which was under second class state protecion with a total value of 90,000 yuan. On July 14, 2017, Daga, together with Dengzhuduojie (separate case) and Qingge (separate case), carried out theft in a Tibetan clothing store in Tibet, and stolen three Bahu (Tibetan women's pendants). The three stolen Bahu had been recovered, with an estimated value of 11,800 yuan. Gonggapingcuo, Gonggachilai and Daga confessed to having illegally hunted and killed rare and endangered wild animals, and Daga also confessed to having illegally stolen Bahu.

Language of document
Chinese
Reference number
(2018) Qing 2701, No.14 first instance
Charges
The defendants Gonggapingcuo, Gonggachilai and Daga charged with illegally hunting and killing rare and endangered wild animals; Daga also charged with theft.
Money value
90,000 RMB.
Transnational
No
Decision
The court found the defendants Gonggapingcuo, Gonggachilai and Daga guilty of illegal hunting and killing of rare and endangered wild animals according to criminal law Art. 341 I, Daga guilty of theft according to criminal law Art. 264.
Appealed
No
Penalty
Gonggapingcuo was sentenced to 5 years in prison with a fine of RMB 3000 according to criminal law Art. 341 I. Gonggachilai was sentenced to 5 years in prison with a fine of RMB 3000 according to criminal law Art. 341 I. Daga was sentenced to 3 years and 6 months in prison with a fine of RMB 3000 according to criminal law Art. 341 I; was sentenced to 8 months in prison with a fine of RMB 2000 according to criminal law Art. 264; the total term of imprisonment was 4 years and 2 months, and it was decided to carry out a combined term of imprisonment for 4 years with a fine of RMB 4,000. The defendants Gonggapingcuo, Gonggachilai and Daga jointly compensated the state for economic losses of RMB 90,000. And They should apologize to the public, and publish the apology statement in the influential newspapers in the region. The crime involved items were confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife