In the end of May 2014, appellants Liao Moumou, Chen Moumou and fellow Huang Huang Were employed by Zeng Mou and others, conspiring to drive ships to Hong Kong to transport waste electrical appliances and other goods into the country . On June 24, 2014, Liao Moumou, Huang Mou and Chen Moumou sailed from Huidong County to Hong Kong for Loading goods. On June 25, Liao Moumou, Huang Mou, and Chen Moumou carried a cargo of “CM ×××× 2C” in Hong Kong and returned to the sea area south of Qingzhou.They were inspected by the Customs officers. 5312 turtle shells were found. Hawksbill Turtle is listed in the Directory of the People's Republic of China on Special State Protection of Wildlife , under the category II: Eretmochelys imbricata (Hawkbill Turtle); under Appendix I of CITES; Eretmochelys imbricata (Hawksbill Turtle); critically endangered (CR) species in China species Red List; Eretmochelys imbricata (Hawksbill Turtle); critically endangered (2003) species in the IUCN rank of endangered species: Eretmochelys imbricata (Hawksbill Turtle); A total of 1 species. 5,312 Hawksbill Turtle Shells. Hawskbill Turtle was under second class state protection, critically endangered (CR) species in China species Red List, under Appendix I species of CITES, and critically endangered (2003) species in the IUCN rank of endangered species.
The defendant Yaliu L. and Jingshun C. charged with felony counts of smuggling precious and rare species of wildlife as well as the products thereof and smuggling goods or articles ( trial at second instance case, appellate case).
Country
Type of court
Seat of court
Guangzhou
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
(2016) Yue No. 811 Criminal Final instance
Charges
Yaliu L. and Jingshun C. were charged with smuggling precious and rare species of wildlife products and smuggling goods.
Species
Turtle
Money value
Through Price Certification Center of Huizhou Price Bureau Identifing, the financial resources of this criminal group is around RMB 2,448,000.
Transnational
No
Decision
The court found Yaliu L. and Jingshun C. guilty of smuggling goods according to criminal law Art. 153 1(2).
Appealed
No
Penalty
1.Maintain the first and second convictions and sentences of the appellants Yaliu L. and Jingshun C. for the smuggling of ordinary goods and the convictions of the criminal judgment and the third sentence of Huizhong Intermediate People's Court (2015) Hui Intermediate Court No. 39 Criminal Two First instance. ((2015) Hui Intermediate Court No. 39 Criminal Two First instance: (1) Defendant Yaliu L. should be sentenced to a fixed-term imprisonment of seven(7) years in addition to a confiscation of personal property of CNY 500,000 for committing the crime of smuggling precious and rare species of wildlife products; and a fixed-term imprisonment of two years and six mouths in addition to a fine of CNY 400,000 for committing the crime of smuggling goods; the total was a fixed-term imprisonment of nine years and six months in addition to a confiscation of personal property of CNY 500,000 and a fine of CNY 400,000; it was decided to execute a fixed-term imprisonment of eight years and six months in addition to a confiscation of personal property of CNY 500,000 and a fine of CNY 400,000; (2) Defendant Jingshun C. should be sentenced to a fixed-term imprisonment of six(6) years in addition to a confiscation of personal property of CNY 450,000 for committing the crime of smuggling precious and rare species of wildlife products; and a fixed-term imprisonment of two years in addition to a fine of CNY350,000 for committing the crime of smuggling goods; the total was a fixed-term imprisonment of eight years in addition to a confiscation of personal property of CNY 450,000 and a fine of CNY350,000; it was decided to execute a fixed-term imprisonment of seven years in addition to a confiscation of personal property of CNY 450,000 and a fine of CNY 300,000. (3) Seizure of smuggled goods and criminal tools, computer hard drives, ICs, old electrical appliances, tortoise shells, Yueshan Yuyun 12168 ship and Chen Moumou black mobile phone were Confiscated and turned over to the State Treasury.) 2. Revoking the first and second criminal convictions of the Huizhou Intermediate People's Court (2015) Hui Intermediate Court No. 39 Criminal Two First instance conviction and sentencing of appellants Yaliu L. and Jingshun C. for the crime of smuggling smuggling precious and rare species of wildlife products. 3. Appellant Yaliu L. committed the crime of smuggling goods and was sentenced to two years and six months in prison with a fine of RMB 400,000. 4. The appellant Jingshun C. committed the crime of smuggling ordinary goods and was sentenced to two years in prison with a fine of RMB 350,000.
Legislation cited
National directory of precious and endangered wildlife
China species Red List species