The defendant Bayixi charged felony counts of illegally hunting and killing threatened and endangered wildlife (appellate case)

Country
Type of court
Seat of court
Ali
Court jurisdiction
Date of opinion
2018
Abstract

Bayixi lived in the Quede Village, Dongcuo Township, Gaize County, where there were multiple snow leopard infringements on herders livestock. On May 4, 2018, several sheep near the Bayixi residence were bitten by the snow leopard. On the evening of the same month, in order to prevent the sheep from being attacked by the snow leopard, Bayixi placed a hunting clip near the neighboring Qu's sheepfold. The next morning, Bayesi found that a clip caught the right foreleg of a snow leopard, and asked Qu for help. When the two were ready to release the clip, the snow leopard dragged the clip to the nearby mountain and climbed but died during the process. Bayixi called his father Bu, and reported the matter to the village and township cadres and the county forestry bureau through his father. Bayixi confessed to having illegally hunted threatened and endangered wildlife species.

Language of document
Chinese
Reference number
(2018) Zang 25, No.4 final instance
Charges
Bayixi was charged with illegally hunting and killing threatened and endangered wildlife species.
Species
Money value
500,000 RMB.
Transnational
No
Decision
The court found the defendant Bayixi guilty of illegal hunting of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Bayixi was originally sentenced to five years in prisioment and was fined RMB 5,000. The appellate court revoked the decision of the first instance and imposed no criminal punishment to the appellant but upheld the decision that all crime involved items confiscated.
Court cases cited
Based on the decision of first instance: (2018) Zang 2526, No.8 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife