From August to October 2017, Yuan C. posted the sale information of the gold python that he incubated on the "Crawling World" website. During the period, 4 gold pythons were sold. Subsequently, the police seized 30 pythons from his house. After identification, the above-mentioned animals were pythons (albino type), and were under first class state protection. On February 25, 2016, after browsing the "Crawling World" website, Tao D. saw the information on the sale of the web python released by Yuan C., and then bought one reticulated python from Yuan C. for 1500 yuan. After identification, the reticulated python was listed in Appendix II of CITES. Yuan C. confessed to having illegally sold threatened and endangered wildlife species. Tao D. confessed to having illegally purchased threatened and endangered wildlife species.
Country
Territorial subdivision
Type of court
Seat of court
Nanjing
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Su 01, No.734 final instance
Charges
Yuan C. was charged with illegally selling threatened and endangered wildlife species. Tao D. was charged with illegally purchasing threatened and endangered wildlife species.
Species
Money value
Although not stated, the financial resources of it is around 150,000 RMB.
Transnational
Yes
Decision
The court found the defendant Yuan C. guilty of illegal sale of endangered wildlife species according to criminal law Art. 341 I, the defendant Tao D. guilty of illegal purchase of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Yuan C. was sentenced to 5 years in prison and a fine of 10,000 yuan. Tao D. was sentenced to 1 year in prison, suspended for 1 year and 6 months, and fined 3,000 yuan. The defendant Yuan C.’s illegal income of RMB 11,200 was confiscated. The seized endangered wildlife involved in the case was confiscated. The appellant court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Su 0102, No.205 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis