The defendants Гатапов and Батомункуев charged felony counts of illegally smuggling threatened and endangered wildlife products (appellate case)

Country
Seat of court
Huhehaote
Court jurisdiction
Date of opinion
2014
Abstract

The defendant Гатапов had successively purchased musk in Ulan-Ude, Russia, at a price of 350 rubles per gram since the summer of 2013, and prepared to go to China to sell for profit. In September 2013, Гатапов, through Батомункуев’s wife Bamou (handled separately), hired Батомункуев to take musk into China and paid 20,000 rubles. On September 26 of the same year, Гатапов and Батомункуев entered the China from Russia’s Baikalsk via the highway port by bus. Before going through the Russian customs, Гатапов hid 2 packs of musks in the abdomen inside the coat, and handed another 2 packs of musks to Батомункуев for carrying into China. Гатапов was seized on the spot while passing through the Manchuria Customs in China. Батомункуев saw this, put the two white plastic bags with musk in the clearance of the customs declaration filling station, and were later discovered by customs officials.

Language of document
Chinese
Reference number
(2014) Nei 2, No.44 final instance
Charges
Гатапов and Батомункуев were charged with illegally smuggling threatened and endangered wildlife products.
Money value
660,000 RMB
Transnational
No
Decision
The court found the defendants Гатапов and Батомункуев guilty of illegal smuggling of endangered species products according to criminal law Art. 151Ⅱ.
Appealed
No
Penalty
Гатапов was sentenced to 5 years in prison below the statutory sentence, deportation, and a fine of RMB 250,000. Батомункуев was sentenced to 2 years in prison below the statutory sentence, deportation, and a fine of RMB 40,000. The appellate court upheld this decision. All crime involved items confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife