Wei H. charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (appellate case)

Country
Territorial subdivision
Type of court
Seat of court
Zhengzhou
Court jurisdiction
Date of opinion
2020
Abstract

On January 13, 2019, Wei H. and others drove a car to Baoding to purchase three vultures at a price of 5,300 yuan. The next day, Wei H. sold the three vultures to Feng P. for 2,000 yuan each, and delivered them to Wulongshan Zoo according to Pan Feng’s requirements. On March 12, 2019, Wei H. once again purchased a vulture at a price of 2,000 yuan. The next day, Wei H. resold the vulture to Feng P. for 3,000 yuan, and transported the vulture to Wulongshan Zoo. On May 22, 2019, the Xingyang Forest Public Security Bureau seized the four vultures. After identification, the vulture was under second class state protection. On March 17, 2019, Wei H. illegally purchased a dead African lion at a price of 55,000 yuan. On March 19 of the same year, he transported the African lion body to the specimen factory he operated, peeled it, and sold its bones and meat to Jinfeng Z. for 61,000 yuan and sold the its whip and kidneys to Zhongqing G. for 1,000 yuan. After identification, the above-mentioned African lion was under Appendix II of CITES. In June 2018, Zhongqing G. drove two black bear skins and two brown bear skins to Wei H.'s house to process and paid the processing fee 2,000 yuan to Wei H. Wei H. damaged one of the black bear skins during the processing, and after a negotiation between the two, he bought it at a discount of 8,000 yuan. After identification, the above-mentioned black bears and brown bears were both under second class state protection. Wei H. confessed to have illegally purchased, transported and sold rare and endangered wild animals and their manufactured products.

Language of document
Chinese
Reference number
(2020) Yu 01, No.45 final instance
Charges
The defendant Wei H. charged with illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products.
Transnational
No
Decision
The court found the defendant Wei H. guilty of illegal purchase, transportation and sale of rare and endangered wild animals and their manufactured products according to Criminal Law Art. 341 I.
Appealed
No
Penalty
Wei H. was sentenced to 6 years in prison and fined 20,000 yuan. Wei H.’s illegal income was recovered, one of the bear skins involved in the case was confiscated and handed over to the treasury, and the four vultures involved were confiscated and handed over to the wildlife protection department of the People’s Government of Xingyang City in accordance with law. The appellant court upheld this decision.
Court cases cited
Based on the decision of first instance: (2019) Yu 0182, No.757 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife