Hu Zhenrong invited Zhou Taoyuan to purchase and sell wild birds in Ruili City, Yunnan in 2012. Hu Zhenrong instructed Zhou Taoyuan to contact the buyer and contacted Huang Mou in Nanning, Guangxi in June 2013. In May 2014, Hu and Ni Mou jointly invested in a partnership to lease a residential site of Ruili Citizen Group to set up a wild bird breeding farm. On January 7, 2015, Hu Zhenrong instructed Peng Chenggang and Zhou Zhigang to drive a bus to transport wild birds from Ruili City to Kunming. When passing through Longling County, Baoshan City, they were seized by the police of Baoshan Forest Public Security Bureau and a total of 50 wild birds were seized from the bus. He captured Hu Zhenrong in Kunming the next day. Later, the police seized 310 wild birds in the Ruili citizen group. Taoyuan Zhou was arrested on March 12, 2015.
The defendant Zhenrong H. and Taoyuan Z. with felony counts of smuggling precious and rare species of wildlife as well as the products thereof ( trial at first instance case)
Country
Type of court
Seat of court
Baoshan
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
(2015) Bao Intermediate No. 328 Criminal First instance
Charges
Zhenrong H. ,Taoyuan Z. were charged with smuggling precious and rare species of wildlife and illegal transporting or selling rare and endangered wild animals Chenggang P. and Zhigang Z. were charged with illegal transporting or selling rare and endangered wild animals.
Species
Transnational
No
Decision
The court found Zhenrong H., Taoyuan Z., Chenggang P. and Zhigang Z. guilty of illegal transport of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
1.Defendant Zhenrong H. should be sentenced to a fixed-term imprisonment of twelve(12) years in addition to a fine of CNY100,000 for committing the crime of illegal transport of rare and endangered wild animals. 2.Defendant Taoyuan Z. should be sentenced to a fixed-term imprisonment of four(4) years in addition to a fine of CNY 40,000 for committing the crime of illegal transport of rare and endangered wild animals. 3.Defendant Chenggang P. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY20,000 for committing the crime of illegal transport of rare and endangered wild animals. 4.Defendant Zhigang Z. should be sentenced to a fixed-term imprisonment of one year with a suspension of one year in addition to a fine of CNY10,000 for committing the crime of illegal transport of rare and endangered wild animals. The public security organ should recover the illegal gains and criminal tools of defendants and turned them over to the state treasury.
Legislation cited
National directory of precious and endangered wildlife