From September to November 2014, Pingfan D., Aiming Z. and others purchased the big-headed turtles in Myanmar many times, and hired Ding to transport them from Myanmar to the a farm in a rental house next to the Burmese Temple in Manchang Village, Daluo Village Committee of Daluo Town, China through illegal channels . In order to legalize the turtles, Pingfan D. and Aiming Z. entrusted Song to apply for relevant documents. After receiving a fee of RMB 50,000, Song applied for the Domestication and Reproduction Permit in his own name and lent it to Pingfan D. and Aiming Z., and he also altered the "Proof of transportation of terrestrial wild animals or their products out of the province" to legalize the source of transportation of smuggled turtles. At 13:20 on November 25, 2014, the police of Menghai County Forest Public Security Bureau seized 910 live turtles and 8 dead bodies in the rental house. After identification, the turtles were big-headed turtles, listed in Appendix II of CITES, with a total of 373 kg and a value of RMB 261,100. Pingfan D., Aiming Z. and Ding confessed to having smuggled rare wild animals, Song confessed to having altered official certificate.
Country
Territorial subdivision
Type of court
Seat of court
Menghai
Court jurisdiction
Date of opinion
2015
Abstract
Language of document
Chinese
Reference number
(2019) Wan 1721, No.304 first instance
Charges
Pingfan D., Aiming Z. and Ding charged with smuggling rare wild animals, Song charged with altering official certificate.
Species
Money value
261,100 RMB.
Transnational
Yes
Decision
The court found the defendants Pingfan D., Aiming Z. and Ding guilty of smuggling rare wild animals according to criminal law Art. 151 II , the defendant Song guilty of altering official certificate according to criminal law Art. 280 I.
Appealed
No
Penalty
Pingfan D. was sentenced to five years’ imprisonment with a fine of RMB 30,000 according to criminal law Art. 151 II. Aiming Z. was sentenced to five years’ imprisonment with a fine of RMB 30,000 according to criminal law Art. 151 II. Ding was sentenced to two years’ imprisonment with a fine of RMB 5,000 according to criminal law Art. 151 II. Song was sentenced to one year’ imprisonment according to criminal law Art. 280Ⅰ. The crime involved 918 rare turtles (including 910 living and 8 dead), 1,048 plastic boxes and 6,700 inner bags made of yarn, were all confiscated according to law.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis