Country
Territorial subdivision
Type of court
Seat of court
Yiyang
Court jurisdiction
Date of opinion
2018
Abstract
From April to June 2017, Jinyu W. purchased two live snakes from two WeChat friends at a price of 1700 yuan and 260 yuan through WeChat transfer, respectively. On December 26, 2017,Jinyu W. posted information on the sale of these 2 snakes in the Post Bar, and at the same time contacted potential buyers through WeChat group. As of the time of the incident, two live snakes were not sold. On December 28, 2017, Jinyu W. was captured by the Forest Public Security Bureau. Later he led the police to seize two unsold live snakes at his residence. After identification, the two live snakes belonged to the Burmese Python, which was under first class state protection.
Language of document
Chinese
Reference number
(2018) Xiang 09, No.400 final instance
Charges
Jinyu W. was charged with illegally purchasing and selling threatened and endangered wildlife species.
Species
Money value
Although not stated, the financial resources of it is around 10,000 RMB
Transnational
No
Decision
The court found the defendant Jinyu W. guilty of illegal purchase and sale of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Jinyu W. was sentenced to 5 years in prison and a fine of RMB 5,000. The illegal income of 14,000 yuan was recovered and handed over to the State Treasury. The defendant Jinyu W.'s iphone 6s plus held by the public security organ was confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Xiang 0903, No. 362 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis