Country
Type of court
Seat of court
Qinghai
Court jurisdiction
Date of opinion
2017
Abstract
In March 2005, Shengyi H. And Wuhai Kong had prepared to hunt and skill Tibetan Antelope.in july, Shengyi H., Qishan W. Xin yude, Wuhai Kong, Quange J. And Ma yulong had killed 26 Tibetan Antelope. Wuhai Kong And Ma yulong brought the killing of Tibetan antelope sheep and gun bullets back to Ge ermu. Then they were arrested by police in Ge ermu.
Language of document
Chinese
Reference number
(2017) Min 0121, No. 36 Criminal Final instance
Charges
Shengyi H. , Qishan W., Quange J. were charged with Illegal hunting and killing endangered wild animals.
Species
Tibetan antelope (Chiru)
Transnational
No
Decision
The court found the defendant Shengyi H. , Qishan W., Quange J. guilty of illegal hunting and killing endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
1. Maintain the conviction and sentencing of the defendant Han Shengyi and Jin Quanju and the additional conviction and sentencing of the defendant Wang Qishan in the Yushu Tibetan Autonomous Prefecture Intermediate People's Court (2016) Qing 27, No.4 Criminal Final instance;( Defendant Shengyi H. should be sentenced to a fixed-term imprisonment of ten (10) years in addition to a fine of CNY5,000 for committing the crime of illegal hunting and killing endangered wild animals ; Defendant Quange J. should be sentenced to a fixed-term imprisonment of eight (8) years in addition to a fine of CNY3,000 for committing the crime of illegal hunting and killing endangered wild animals. (2016) Qing 27, No.4 Criminal Final instance) 2. Revoke the main part of the sentencing sent to the defendant Wang Qishan by Yushu Tibetan Autonomous Prefecture Intermediate People's Court (2016) Qing 27, No.4 Criminal Final instance; (Defendant Qishan W. should be sentenced to a fixed-term imprisonment of eight (8) years in addition to a fine of CNY3,000 for committing the crime of illegal hunting and killing endangered wild animals .(2016) Qing 27, No.4 Criminal Final instance) 3. Appellant Wang Qishan should be sentenced to a fixed-term imprisonment of seven (7) in addition to a fine of CNY3,000 for committing the crime of illegal hunting and killing endangered wild animals.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Criminal Procedure Law of the People's Republic of China