From June 3 to June 5, 2018, Manai M. and Yinusi W went from Xiahe County, Gansu Province to Qinghai to purchase ivory products. At 19:00 on June 5, 2018, they drove a white Volkswagen Langxing car to Xining with the suspected ivory products they purchased. When they passed the Tongan Road checkpoint in Chengzhong District of the city at 18 o'clock the next day, they were caught by the police on the spot, and 16.862 kg of suspected ivory products held by Manai M. and 15.909 kg of suspected ivory products held by Yinusi W. were seized from the trunk of the car. It was verified that the products originated from Asian elephants under first class state protection, the ivory products purchased by Manai M. weighed 3464.5 grams and were worth 144355.3 yuan, and the ivory products purchased by Yinusi W. weighed 369.3 grams and were worth 15387.6 yuan. Manai M. and Yinusi W. confessed to having illegally purchased rare and endangered wild animals’ manufactured products.
Country
Territorial subdivision
Type of court
Seat of court
Xining
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Qing 01, No.298 final instance
Charges
Manai M. and Yinusi W. charged with illegally purchasing rare and endangered wild animals’ manufactured products.
Species
Money value
159,742.9 RMB
Transnational
No
Decision
The court found the defendants Manai M. and Yinusi W. guilty of illegal purchase or sale of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Yinusi W. was sentenced to 9 months in prison, and fined RMB 2,000. Manai M. was sentenced to 5 years in prison, and fined RMB 5,000. The two mobile phones for crimes transferred with the case were confiscated according to law and turned over to the State Treasury; the six bank cards transferred and one car key were kept as evidence; the white Volkswagen Lang sedan seized according to law was handled by the detaining authority in accordance with law. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Qing 0103, No.354 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis