The defendant Mo 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
Xishuangbanna
Court jurisdiction
Date of opinion
2019
Abstract

From 2014 to 2015, Chen and Yu together with Shen, Jiang, Fushui L. and Mingxing Z. formed a criminal gang to purchase and transport ivory products, of which Lin Fushui L. and Mingxing Z. were responsible for receiving ivory products in Fujian. On October 18, 2014, the Xishuangbanna Forest Public Security Frontier Detachment seized a total of 355 pieces of suspected ivory products in three mail packages from a cargo box. After appraisal, 353 of them were ivory products, the total weight was 28.34295 kg, and the appraisal value was 1180965.7 yuan. In 2015, Chen again invited Peiyong W., Shen and Jiang to form a criminal gang to purchase and transport ivory products, of which Peiyong W. participated in receiving and shipping. At 17:00 on July 1, 2015, the Xishuangbanna Forest Public Security Frontier Detachment seized a total of 316 suspected ivory products from a freight car. After appraisal, the 316 products submitted for inspection were all ivory products, with a total weight of 13.32358 kg and an appraisal value of 555153.61 yuan. Elephant genus (Elephasspp.) were under Appendix I of CITES, of which the Asian elephant was under first class state protection. Peiyong W., Fushui L. and Mingxing Z. confessed to having illegally purchased and transported rare and endangered wild animals’ manufactured products.

Language of document
Chinese
Reference number
(2018) Yun 28, No.145 final instance
Charges
Peiyong W., Fushui L. and Mingxing Z. charged with illegally purchasing and transporting rare and endangered wild animals’ manufactured products.
Species
Money value
1,736,119.31 RMB
Transnational
Yes
Decision
The court found the defendants Peiyong W., Fushui L. and Mingxing Z. guilty of illegal purchase and transportation of endangered wild animals’ manufactured products according to criminal law Art. 341Ⅰ.
Appealed
No
Penalty
Peiyong W. was sentenced to 7 years in prison with a fine of RMB 80,000. Fushui L. was sentenced to 7 years in prison with a fine of RMB 100,000. Mingxing Z. was sentenced to 5 years in prison with a fine of RMB 20,000. The seized ivory products shall be handled by the public security organ according to law. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Yun 2801, No.448 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife