Country
Type of court
Seat of court
Xishuangbanna
Court jurisdiction
Date of opinion
2015
Abstract
One noon in 2007, villagers of Taoziqing, Mengla Township, Mengla County found that elephants were eating rice in the fields, and they negotiated to drive them away. Later the defendant Wenxin W. took the defendant Xiaozhong L.'s firearms to the forest in the south of Taoziqing village and hunted the elephant with a gun. The elephant fell to the ground and Paner shot the elephant again. The next day, Wenxin W. and the villagers ate the elephant's meat, and burned and buried the bones. Wenxin W. confessed to have illegally hunted and killed endangered wildlife, and illegally possessed guns. Xiaohua C., Xiaozhong L. and Guangchun L. confessed to have illegally possessed guns.
Language of document
Chinese
Reference number
(2015) Xi, No.68 final instance
Charges
The defendant Wenxin W. was charged with of illegally hunting, killing endangered wildlife and illegally possessing guns, the defendants Xiaohua C., Xiaozhong L. and Guangchun L. were charged with illegally possessing guns.
Species
Money value
Although not stated, the financial resources of this criminal group is around 50,000 RMB.
Transnational
No
Decision
The court found the defendant Wenxin W. guilty of illegal hunting, killing of endangered wildlife according to criminal law Art. 341 I, Wenxin W., Xiaohua C., Xiaozhong L. and Guangchun L. guilty of illegal possession of guns according to criminal law Art. 128 I.
Appealed
No
Penalty
Wenxin W. was sentenced to 12 years in prison and fined 100,000 yuan. Xiaohua C. was sentenced to 2 years in prison and 3 years’ probation. Xiaozhong L. was sentenced to 2 year in prison. Guangchun L. was sentenced to 4 years in prison. All firearms were confiscated. The appellant court upheld this decision.
Court cases cited
(2015) Xi, No.68 final instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife