In June 2016, Bicheng C. retrieved the four steel wire sleeves found when he was collecting medicine on the mountain, and placed them in the woods of the back mountain for hunting wild animals. In July of the same year, Bicheng C. discovered that the previously placed steel wire sleeve had captured a black bear and it was dead. Later, he sold the dead body of black bear to Shiwei Z. at a price of 7,000 yuan. In July 2016, Shiwei Z. transported the black bear to Wuxi County and sold it to Fatian D. and Faguo D. at a price of RMB 10,000. On January 11, 2017, the remains of the black bear were seized by the Forest Public Security Bureau of Wuxi County in Chongqing City. After identification, the black bear seized was under second class state protecion. Bicheng C. confessed to having illegally hunted rare and endangered wild animals.
The defendant Bicheng C. charged felony counts of illegally hunting and killing rare and endangered wild animals (appellate case)
Country
Territorial subdivision
Type of court
Seat of court
Chongqing
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Yu 02, No.11 final instance
Charges
Bicheng C. was charged with illegally hunting rare and endangered wild animals.
Species
Money value
10,000 RMB
Transnational
No
Decision
The court found the defendant Bicheng C. guilty of illegal hunting of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Bicheng C. was sentenced to 1 year and 10 months in prison and a fine of RMB 30,000. Bicheng C.'s illegal income of 7,000 yuan was recovered and turned over to the State Treasury. The criminal tools seized on the case shall be confiscated and destroyed. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2017) Yu 0101, No. 1193 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife