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
Putian
Court jurisdiction
Date of opinion
2020
Abstract
Language of document
Chinese
Reference number
(2019) Min 03, No.722 final instance
Charges
Min G. charged with illegally rare and endangered wild animals’ manufactured products; Zhiqiang X. and Linzheng G. charged with illegally selling rare and endangered wild animals’ manufactured products.
Species
Money value
1,234,360 RMB
Transnational
No
Decision
The court found the defendants Min G., Zhiqiang X. and Linzheng G. guilty of illegal purchase and sale of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Min G. was sentenced to 12 years and 6 months in prison and a fine of RMB 250,000. Zhiqiang X. was sentenced to 12 years in prison and a fine of RMB 250,000. Linzheng G. was convicted of illegally selling endangered wildlife products and sentenced to 12 years' imprisonment with a fine of RMB 250,000. He was sentenced to 12 years' imprisonment and a fine of RMB 550,000 for the former criminal of smuggling endangered wildlife products. Executing imprisonment for 18 years and 6 months and a fine of RMB 800,000. The crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2019) Min 0322, No.702 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis