On August 3, 2015, the appellant Liao Moumou and Lin 1 working in Madagascar agreed that Lin 1 airlifted the turtle with two suitcases to Guangzhou Baiyun International Airport. After delivery, Lin 1 paid RMB 15,000 yuan. Liao found the appellant Peng Moumou ever working at Guangzhou Baiyun International Airport and paid RMB 12,000 after the incident. Peng Moumou found Li Haicheng, an appellant who worked in the baggage transportation section of the Airport , and paid RMB 5000 after the incident. On August 4, 2015, Lin 1 transported two suitcases with turtles from Madagascar to Guangzhou Baiyun International Airport by Xumou taking MD10 flight. Subsequently, Li Haicheng took two suitcases to Airport Second Road, ready to hand to Liao, Lin, Peng. The public security organ captured them on the spot and seized 298 live turtles in two suitcases.
The defendant Zhenxing L. and Xiaowan L. charged with felony counts of smuggling precious and rare species of wildlife as well as the products thereof ( trial at second instance case, appellate case)
Country
Type of court
Seat of court
Guangzhou
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2017) Yue No. 1346 Criminal Final instance
Charges
Zhenxing L., Xiaowan L., Moumou P.and Haicheng L.were charged with smuggling precious and rare species of wildlife.
Species
Transnational
Yes
Decision
The court found Zhenxing L., Xiaowan L., Moumou P. and Haicheng L. guilty of smuggling precious and rare species of wildlife according to criminal law Art. 151 2.
Appealed
No
Penalty
1. Maintaining the criminal judgments (1), (2), (3), (4), and (5) of the Guangzhou Intermediate People's Court of Guangdong Province (2016) Yue 01, No. 108 Criminal First instance, That is,as to the appellant Liao Moumou, Lin Moumou, Peng Moumou, Li Haicheng's conviction and sentencing and the treatment of the detained Radiated Tortoise involved in the case; ((2016) Yue 01, No. 108 Criminal First instance : Defendant Zhenxing L. was sentenced to a fixed-term imprisonment of seven(7) years in addition to a fine of CNY100,000 for smuggling precious and rare species of wildlife Defendant Xiaowan L. was sentenced to a fixed-term imprisonment of seven(7) years in addition to a fine of CNY100,000 for smuggling precious and rare species of wildlife. Defendant Moumou P. was sentenced to a fixed-term imprisonment of six(6) years in addition to a fine of CNY80,000 for smuggling precious and rare species of wildlife. Defendant Moumou P. was sentenced to a fixed-term imprisonment of six(6) years in addition to a fine of CNY80,000 for smuggling precious and rare species of wildlife. The public security organ should recover the illegal gains of defendants and turned them over to the state treasury. ) 2.The cancellation of the Guangdong Provincial Intermediate People's Court of Guangzhou City(2016) Yue 01, No. 108 Criminal First instance Criminal Judgment Item (6), which deals with the seizure of the involved property; ((2016) Yue 01, No. 108 Criminal First instance : One licence plate YueB ××××× sedan detained from the defendant Liao Moumou and One licence plate YueA××××× sedan detained from the defendant Peng Moumou were both confiscated and auctioned, and the auction proceeds were handed over to the State Treasury; the six seized mobile phones were confiscated and turned over to the State Treasury.); 3. One Yue B ××××× car seized and six mobile phones involved were all confiscated and turned over to the State Treasury.
Text and analysis