(1) In early April 2016, the defendant Xie moufu bought two parrots from the defendant Wang mou , at the price of 500 yuan each. On May 10, 2016, public security authorities seized 10 parrots at a aquarium in shajing flower world, which is run by Xie . (2) In April 2014, the defendant Wang mou began to illegally raise, breed and sell rare and endangered parrots for profit. In early April 2016, Wang sold two parrots to the defendant Xie for 500 yuan each. On May 17, 2016, public security authorities seized 45 rare and endangered parrots from room 301, yinxin village, shiyan street, baoan district, shenzhen, where Wang was living. Green-cheeked Conure, Monk Parakeet, Sun Parakeet, Jandaya Parakeet, Grey Parrot listed in the Directory of the People's Republic of China on Special State Protection of Wildlife under Appendix I of CITES; Pyrrhura molinae(Grey Parrot) under AppendixⅡof CITES; Pyrrhura molinae(Green-cheeked Conure), under AppendixⅡof CITES; Myiopsitta monachus( Monk Parakeet), under AppendixⅡof CITES; Aratinga solstitialis ( Sun Parakeet ), under AppendixⅡof CITES; Aratinga jandaya ( Jandaya Parakeet ), under AppendixⅡof CITES; Pionites melanocephalus(Black-headed Caique), A total of 6 species. Under first class state protection and Appendix I of CITES : one Grey Parrot Under second class state protection and AppendixⅡof CITES : fourty-two Green-cheeked Conures, two Sun Parakeets, one Jandaya Parakeets, three Black-headed Caiques, nine Monk Parakeets.
The defendant Wang Mou, Xie Moufu charged with felony counts of illegally hunting, purchasing, transporting and selling threatened and endangered wildlife species ( trial at second instance case, appellate case)
Country
Type of court
Seat of court
Shenzhen
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2017) Yue 03, No.1098 Criminal Final instance
Charges
Wang mou was charged with illegal selling rare and endangered wild animals. Xie moufu was charged with illegal purchasing rare and endangered wild animals.
Money value
Xie Moufu resources of this criminal group is around RMB 3000.
Transnational
No
Decision
The court found the defendant Wang Mou guilty of illegal selling rare and endangered wild animals and the defendant Xie Moufu guilty of illegal purchasing rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
1. Maintain the conviction and sentencing part of the defendant Xie Moufu in the criminal sentence (2) of the Guangdong Baoan District People's Court (2017) Yue 0306, No.323 Criminal First instance, that is, the defendant Xie Moufu was sentenced to a fixed-term imprisonment of one (1) year and six (6) mouths with a suspension of two years in addition to a fine of CNY3,000 for committing the crime of illegal purchasing rare and endangered wild animals; 2. Revocation of the conviction and sentencing of the defendant Wang Mou in the Criminal Judgment of the Guangdong Baoan District People's Court (2017) Yue 0306, No.323 Criminal First instance, ie the defendant Wang Mou was sentenced to a fine of CNY 3,000 for committing illegal selling rare and endangered wild animals; 3. Appellant Wang Mou was sentenced to a fixed-term imprisonment of two (2) years in addition to a fine of CNY3,000 for committing the crime of illegal selling rare and endangered wild animals.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of Laws in the Trial of Criminal Cases of Destroying Wildlife Resources
Interpretation of the Supreme People's Court on Several Issues concerning the Specific Application of Laws in the Trial of Criminal Cases of Destroying Wildlife Resources