The defendants Wen Y., Wenhong C. and Yuanqing R. charged felony counts of illegally hunting and killing threatened and endangered wildlife (appellate case)

Country
Seat of court
Haikou
Court jurisdiction
Date of opinion
2019
Abstract

On April 2, 2018, without the approval of the provincial government's wildlife protection department, Wen Y. and Yuanqing R. negotiated to buy a macaque from others for consumption. Wen Y. then contacted Xiaozheng L., he told Wen Y. to go to his house to pick up the macaque raised by him, and they agreed on a price of 2,000 yuan. In the afternoon of the same day, Yuanqing R. contacted Wenhong C. and agreed to bring a macaque to the Junhong gourmet shop operated by him at night. At about 17:00, according to Yuanqing R.'s account, Wen Y. brought the macaques to the Junhong gourmet shop, and was handed over to Wenhong C. for preparation for slaughter and processing. Wen Y., without the approval of the provincial wildlife protection authority, purchased a pair of antler products from the father of "Fu Di" at a price of 4,000 yuan around June 2014, and put them at his home for collection. Wen Y., Xiaozheng L. and Yuanqing R. confessed to having illegally purchased endangered wildlife species, Wenhong C. confessed to having illegally killed threatened and endangered wildlife species.

Language of document
Chinese
Reference number
(2019) Qiong, No.189 final instance
Charges
Wen Y., Xiaozheng L. and Yuanqing R. were charged with illegally purchasing endangered wildlife species, Wenhong C. was charged with illegally killing threatened and endangered wildlife species.
Species
Money value
13,000 RMB
Transnational
No
Decision
The court found the defendants Wen Y., Xiaozheng L. and Yuanqing R. and Wenhong C. guilty of illegal purchase and killing of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Wen Y. was sentenced to 1 year and 6 months in prison and a fine of RMB 10,000. Wenhong C. was sentenced to 1 year in prison, 2 years’ probation and a fine of RMB 5,000. Yuanqing R. was sentenced to 1 year in prison, 2 years’ probation and a fine of RMB 8,000. Xiaozheng L. was sentenced to 1 year in prison, 2 years’ probation and a fine of RMB 8,000. The appellate court upheld this decision. All crime involved items were confiscated.