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
Lanzhou
Court jurisdiction
Date of opinion
2017
Abstract

On January 18, 2016, Mo traded through the Internet, using WeChat transfer payment and express delivery, and purchased an ivory necklace from WeChat name "Zhenwogaishi" (the real name was Shang) at a price of 1300 yuan. The purchase purpose was for personal play. On September 4 of the same year, the purchased ivory necklace was found by the police and it was found to originate from the Asian elephant, which was under first class state protection, weighing 19.99 grams and worth 833 yuan. Mo confessed to having illegally purchased rare and endangered wild animals’ manufactured products.

Language of document
Chinese
Reference number
(2017) Gan 01, No.173 final instance
Charges
Mo charged with illegally purchasing rare and endangered wild animals’ manufactured products.
Species
Money value
883 RMB
Transnational
No
Decision
The court found the defendant Mo guilty of illegal purchase of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Mo was sentenced to six months in prison, suspended for one year, and a fine of 2,000 yuan. One ivory necklace transferred with the case was confiscated according to law. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2016) Gan 0102, No.2630 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife