In October 2016, Jilong W. sold to Xinxin C. 1 African Grey Parrot listed in Appendix I of CITES at a price of RMB 5,000. On June 5, 2017, Jilong W. was arrested by the police and failed to sell 1 African Grey Parrot, 2 Red-Shouldered Macaws, and 2 Sun Cockatoos listed in Appendix II of CITES. In October 2016, Jilong W. sold an African Grey Parrot to Yao for RMB 4,800. In October 2016, Jilong W. sold an African Grey Parrot to Wan for RMB 5,000. In October 2016, Jilong W. sold an African Grey Parrot to Bin H. for RMB 5,000. In November 2016, Jilong W. sold an African Grey Parrot to Xuefeng S. for RMB 5625. In November 2016, Wu Jilong sold a sun-cone parrot to Saijuan R. for RMB 1,400. In December 2016, Jilong W. sold an African Grey Parrot to Feng X. for RMB 5,000. In December 2016, Jilong W. sold an African Grey Parrot to Jingjing X. for RMB 5,500. In January 2017, Jilong W. sold an African Grey Parrot to Peng L. for RMB 5,500; that month, Lu Peng also bought an African Grey Parrot for RMB 5,000. In January 2017, Peng L. sold a white-crested cockatoo listed in Appendix II of CITES to Xinwen Z. for RMB 14,000. In January 2017, Xiaofeng S. purchased an African Grey Parrot for RMB 5,300. In February 2017, Jilong W. sold an African Grey Parrot to Xiaoliu G. through Chengyu L. at a price of RMB 4,530. In February 2017, Jilong W. sold 1 African Grey Parrot to Yang X. at a price of RMB 4,800; from March to April 2017, Yang X. purchased 2 yellow-necked Amazon parrots listed in Appendix I of the CITES for a total price of RMB 56,000, and purchased two yellow-crested cockatoos listed in Appendix II of CITES for a total price of RMB 20,000. In March 2017, Jing Z. bought 1 African Grey Parrot and 1 Sun Cockatoo through the Internet at a total price of RMB 4,800; in May 2017, Jing Z. bought a black-headed cockerel listed in Appendix II of CITES at a price of RMB 4,430 via the Internet. In April 2017, Jilong W. sold an African Grey Parrot to Xiaojun L. for RMB 5,000. In April 2017, Jilong W. sold an African Grey Parrot to Hongran Q. for RMB 5,000. In April 2017, Jilong W. sold a Crested cockatoo listed in Appendix II of CITES to Feng W. for RMB 8,500. In May 2017, Jilong W. sold a cockatoo listed in Appendix II of CITES to Jing L. for RMB 65,800. In May 2017, Yewei J. purchased a Ducorps's Cockatoo listed in Appendix I of CITES from Jilong W. at a price of an African Grey Parrot plus RMB 8,000. In May 2017, Jilong W. sold 4 monk parrots listed in Appendix II of CITES to Liang X. Jilong W. confessed to having illegally sold threatened and endangered wildlife species. Zhiqiang X. and Yang X., Liang X., Jing Z., Peng L., Xiaojun L., Jing L., Xinwen Z., Yewei J., Saijuan R., Feng X., Feng W., Xiaofeng S. confessed to having illegally purchased threatened and endangered wildlife species.
The defendants Jilong W., Yang X. and others 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
Nanjing
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Su 01, No.402 final instance
Charges
Jilong W. was charged with illegally selling threatened and endangered wildlife species. Yang X., Liang X., Jing Z., Peng L., Xiaojun L., Jing L., Xinwen Z., Yewei J., Saijuan R., Feng X., Feng W., Xiaofeng S. were charged with illegally purchasing threatened and endangered wildlife species.
Species
Money value
Although not stated, the financial resources of this criminal group is more than 200,000 RMB.
Transnational
Yes
Decision
The court found the defendants Jilong W., Yang X., Liang X., Jing Z., Peng L., Xiaojun L., Jing L., Xinwen Z., Yewei J., Saijuan R., Feng X., Feng W., Xiaofeng S. guilty of illegal purchase and sale of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Jilong W. was sentenced to 3 years in prison and a fine of 100,000 yuan. The illegal income of 158,455 yuan from Jilong W. was recovered and confiscated. Yang X. was sentenced to 3 years’ imprisonment, 4 years’ probation, and a fine of 25,000 yuan. Liang X. was sentenced to 2 years and 6 months in prison, 3 years’ probation, and a fine of 20,000 yuan. Jing Z. was sentenced to 2 years’ imprisonment, 3 years’ probation, and a fine of 15,000 yuan. Peng L. was sentenced to 1 years’ imprisonment, 2 years’ probation, and a fine of 10,000 yuan. Xiaojun L. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Jing L. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Xinwen Z. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Yewei J. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Saijuan R. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Feng X. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Feng W. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan. Xiaofeng S. was sentenced to 6 months’ imprisonment, 1 years’ probation, and a fine of 5,000 yuan.
Court cases cited
Based on the decision of first instance: (2018) Su 0102, No.19 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife