On May 28, 2017, Shengli L. had planned in advance and hired Tuoyong W. to drive to the dock near Hanhai Shipyard in Lianjiang County to receive a batch of live birds. It was identified that there were 866 birds of 12 species of in the batch, including 757 Toco Toucans and other species listed in Appendix II of CITES and 16 Rose-ringed Parakeets under second class state protection. On the morning of July 2, 2017, Shengli L. planned to take a car driven by Jianping Y. to the pier near Hanhai Shipyard in Lianjiang County and receive a batch of 15 boxes of parrots. Later, they loaded the parrots onto the Min A××××× truck of Tuoyong W. who was waiting here in advance. After identification, there were a total of 258 parrots, including 6 Blue-crowned Parakeet listed in Appendix I CITES, 252 green monk parrots, blue monk parrots, golden-headed keke parrots and others listed in Appendix II of CITES. Nine parrots were dead at the time of the seizure. Shengli L., Tuoyong W. and Jianping Y. confessed to having illegally transported threatened and endangered wildlife species.
Country
Territorial subdivision
Type of court
Seat of court
Fuzhou
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Min 01, No.774 final instance
Charges
Shengli L., Tuoyong W. and Jianping Y. were charged with illegally transporting threatened and endangered wildlife species.
Species
Money value
Although not stated, the financial resources of this criminal group is more than 1,000,000 RMB.
Transnational
Yes
Decision
The court found the defendants Shengli L., Tuoyong W. and Jianping Y. guilty of illegal transportation of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Shengli L. was sentenced to 12 years in prison and a fine of RMB 150,000. Tuoyong W. was sentenced to 6 years in prison and a fine of RMB 30,000. Jianping Y. was sentenced to 3 years in prison and a fine of RMB 20,000. A total of 249 parrots detained were seized and confiscated by the public security organ according to law.
Court cases cited
Based on the decision of first instance: (2018) Min 0122, No.65 first instance.
Legislation cited
- Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis