The defendant Jianxing L., illegally purchased 5 pieces of ivory products from elephants which were threatened and endangered wild animals, and shipped them to Sanya and handed them to the defendant Shengqi C. for sale. Jianxing L.’s behavior has constituted the crime of illegally purchasing, transporting and selling threatened and endangered wild animal products, shall be punished according to law. The defendant Shengzhi C. , violated national laws by illegally purchasing 2 pieces of threatened and endangered wildlife ivory products, and sold 6 pieces of ivory product including 5 of them from Jianxing L.. The sale of ivory products has constituted the crime of illegally purchasing and selling threatened and endangered wildlife products, and should be punished according to the law. The public prosecution organ accused the defendant Li Jianxing of illegally purchasing, transporting and selling threatened wild animal products and the defendant Shengzhi C.’s crime of illegally purchasing and selling threatened and endangered wild animal products. The facts of the crime are clear, the evidence is true and sufficient, the charges are convicted and are substantiated with the law. The defendant Jianxing L. handed over 5 pieces of ivory products he purchased to the defendant Shengzhi C. for sale. The behavior of the two was a joint crime. In the joint crime, the status and role are the same, regardless of the principle.
The defendant Jianxing L. Shengzhi C. charged with felony counts of illegally hunting, purchasing, transporting and selling threatened and endangered wildlife species ( trial at first instance case)
Country
Type of court
Seat of court
Sanya
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Qiong 02, No.79 Criminal First instance
Charges
Jianxing L. and Shengzhi C. were charged with illegal purchase, transport and intent to sell threatened or endangered wildlife.
Species
Money value
5,795 RMB
Transnational
No
Decision
The court found the defendants guilty of illegally purchasing, transporting and selling the threatened wild animal products, the defendant Shengqi C. illegally purchasing and selling threatened and endangered wildlife products.
Appealed
No
Penalty
1 The defendant Jianxing L. committed the crime of illegally purchasing, transporting, and selling threatened and endangered wildlife products, and was sentenced to one year in prison, suspended for one year and six months, and a fine of 5,000 yuan. 2 The defendant, Shengzhi C., was guilty of illegally purchasing and selling threatened and endangered wildlife products, and was sentenced to 10 months in prison, suspended for one year, and a fine of 4,000 yuan. 3. The six ivory products seized shall be confiscated and turned over to the State Treasury. 4. A criminal mobile phone (black iphoneXR) shall be confiscated and handed over to the State Treasury.
Legislation cited
Criminal Law of the People's Republic of China