In March 2019, Zhaopan H. phoned Ganmaqilin to discuss the purchase of bear paw and bear gall and transferred RMB 50,000 to Ganmaqilin through bank transfer. On March 24, 2019, Ganmaqilin and Zhaopan H. completed the transaction of 31 bear paws, 1 bear gall, and 3 yak galls in Qujing City, Yunnan Province. Later, Zhaopan H. drove his own car to transport the bear paws and bear gall back to Zhejiang Province, and was seized by the police on the way. After identification, the 31 bear paws seized originated from Asian black bears; among the 4 suspected bear galls, 3 were galls of cattle, of which 1 was the bear gall of Asian black bear; the total value was 276,000 yuan. 31 bear paws and 1 bear gall Ganmaqilin sold to Zhaopan H. were purchased from others. From the end of February 2019 to the beginning of March 2019, Ganmaqilin purchased 12 bear paws and 1 bear gall from Gerong (at fugitive), 11 bear paws from Digan, and 8 bear paws from Nimapangci. 11 bear paws Digan sold to Ganmaqilin, of which 8 were purchased by Digan from Bumou (another case), and 3 were sold by Gongchucicheng with the help of Digan. Among 8 bear paws from Nimapangci, 4 of them purchased from Dandan, and 4 were sold by Longchuipi with the help of Nimapangci. Zhaopan H. confessed to having illegally purchased and transported rare and endangered wild animals’ manufactured products. Ganmaqilin confessed to having illegally purchased, transported and sold rare and endangered wild animals’ manufactured products. Digan and Nimapangga confessed to having illegally purchased and sold rare and endangered wild animals’ manufactured products. Nimabaisong, Longchuipi, Gongchucicheng and Dandan confessed to having illegally sold rare and endangered wild animals’ manufactured products.
The defendants Zhaopan H., Ganmaqilin charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (first instance case)
Country
Territorial subdivision
Type of court
Seat of court
Puan
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Qian 2323, No.102 first instance
Charges
Zhaopan H. charged with illegally purchasing and transporting rare and endangered wild animals’ manufactured products. Ganmaqilin charged with illegally purchasing, transporting and selling rare and endangered wild animals’ manufactured products. Digan and Nimapangga charged with illegally purchasing and selling rare and endangered wild animals’ manufactured products. Nimabaisong, Longchuipi, Gongchucicheng and Dandan charged with illegally selling rare and endangered wild animals’ manufactured products.
Species
Money value
276,000 RMB
Transnational
No
Decision
The court found the defendants Zhaopan H., Ganmaqilin, Digan, Nimapangga, Nimabaisong, Longchuipi, Gongchucicheng and Dandan guilty of illegal purchase, transportation or sale of rare and endangered wild animals and their manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Zhaopan H. was sentenced to 10 years in prison and a fine of RMB 200,000. Ganmaqilin was sentenced to 7 years and 6 months in prison and a fine of RMB 150,000. Digan was sentenced to 2 years and 6 months in prison and a fine of RMB 80,000. Nimapangga was sentenced to 2 years in prison and a fine of RMB 50,000. Nimabaisong was sentenced to 1 year and 2 months in prison and a fine of RMB 10,000. Longchuipi was sentenced to 1 year and 3 months in prison and a fine of RMB 10,000. Gongchucicheng was sentenced to 1 year and 3 months in prison and a fine of RMB 10,000. Dandan was sentenced to one year in prison, suspended for two years, and fined RMB 5,000. One seized criminal vehicle and 67,000 yuan of illegal income were confiscated and handed over to the State Treasury. The seized 31 bear paws and 1 bear gall were confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife