The defendant Xueshu C. charged felony counts of illegally purchasing, transporting and selling threatened and endangered wildlife and products (appellate case)

Country
Territorial subdivision
Type of court
Seat of court
Qiannan
Court jurisdiction
Date of opinion
2019
Abstract

Xueshu C. purchased 2 black kites, 1 brown fish-owl, 5 small Indian civets (one of which was pregnant), 6 ocelots, and 4 masked palm civets in the urban area and surrounding areas of Duyun. At 17 o'clock on October 17, 2018, Xueshu C. was caught by the public security organ when he tried to transport the animals he bought on a white off-road vehicle to Guangxi for sale near Xuejiabao Station in Duyun City. It was identified that black kite, brown fish-owl and small Indian civet were under second class state protection, ocelot and masked palm civet were listed in the List of terrestrial wildlife protected by the state or beneficial to economic and scientific research. The 19 wild animals were worth 114,800 yuan. Xueshu C. confessed to having illegally purchased and sold threatened and endangered wildlife species.

Language of document
Chinese
Reference number
(2019) Qian 27, No.253 final instance
Charges
Xueshu C. was charged with illegally purchasing and selling threatened and endangered wildlife species.
Transnational
No
Decision
The court found the defendant Xueshu C. guilty of illegal purchase and sale of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Xueshu C. was sentenced to 6 years and 6 months in prison and a fine of RMB 8,000. Xueshu C. should publicly apologize in the news media at or above the prefecture level in Qiannan Buyi and Miao Autonomous Prefecture, Guizhou Province within ten days of the effective date of the judgment. Xueshu C. should compensate the national resource loss fee of 114,800 yuan within 30 days from the date when the judgment became effective.
Court cases cited
Based on the decision of first instance: (2019) Qian 2722, No.129 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife