Country
Territorial subdivision
Type of court
Seat of court
Wenzhou
Court jurisdiction
Date of opinion
2019
Abstract
Since September 2016, Jun Y. had successively purchased 5 yellow-sided conures and sun parakeets from others, and placed them in the Cangnan County breeding farm. From March to August 2017, Jun Y. successively sold 8 parrots to others through Xianyu and Taobao websites, with a profit of RMB 5,340. On September 25, 2018, public security organs seized 10 sun parakeets, 143 yellow-sided conures, and 9 monk parakeets in the farm. After identification, the above-mentioned 162 parrots were all listed in Appendix II of CITES. Jun Y. confessed to having illegally purchased and sold threatened and endangered wildlife species.
Language of document
Chinese
Reference number
(2019) Zhe 03, No.773 final instance
Charges
Jun Y. was charged with illegally purchasing and selling threatened and endangered wildlife species.
Species
Money value
Although not stated, the financial resources of it is around 320,000 RMB.
Transnational
Yes
Decision
The court found the defendant Jun Y. guilty of illegal purchase and sale of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Jun Y. was sentenced to 5 years in prison and a fine of RMB 10,000. The seized 162 parrots were handled by Cangnan County Public Security Bureau according to law, and one vivo X9S mobile phone was confiscated; the defendant Jun Y.’s illegal income of RMB 5,340 was recovered and handed over to the treasury. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2019) Zhe 0327, No. 83 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis