The Huang Zhiyong and Sun Mei were ordered by the monitor to transport lizards from Dongxing City to Fangcheng District. On May 18, 2015, Huang Zhiyong instructed Zheng to rent a Gui P ××××× sedan and took him and Sun Mei to XX Road XX Lane in Dongxing City.They prepared to meet Liu Guoguang who receipted the smuggling Lizard. When the four people transported the Lizard to the Gui P ××××× sedan, they were investigated by Fangcheng Customs Anti-smuggling Police. Huang Zhiyong was captured on the spot, and 64 monitor lizards were seized. On May 20, Sun Mei took the initiative to surrender to the investigative agency. On June 25, Liu Guoguang was arrested by his arrested private police at his Dongxing residence.
The defendant Zhiyong H. and Mei S. 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
Fangchenggang
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
(2016) Gui No. 221 Criminal Final instance
Charges
Zhiyong H., Mei S. and Guoguang L. were charged with smuggling precious and rare species of wildlife products.
Species
Transnational
Yes
Decision
The court found Zhiyong H., Mei S. and Guoguang L. guilty of smuggling precious and rare species of wildlife products according to criminal law Art. 151 2.
Appealed
No
Penalty
1. Maintain the 1st, 3rd, 4th, 5th, and 6th items of the Criminal Judgment (2016) Gui 06, No. 16 Criminal First instance of Fangchenggang Intermediate People's Court of Guangxi Zhuang Autonomous. That is: Defendant Zhiyong H. was sentenced to a fixed-term imprisonment of nine(9) years in addition to a fine of CNY 70,000 for smuggling precious and rare species of wildlife products; Defendant Guoguang L. should be sentenced to a fixed-term imprisonment of five(5) years in addition to a fine of CNY 30,000 for smuggling precious and rare species of wildlife products; The illegal gains and the criminal tools of defendants was recovered by Fangcheng Customs and be handled by Fangcheng Customs according to law. 2. Revoke the second item of the Criminal Judgment (2016) Gui 06, No. 16 Criminal First instance Intermediate People's Court of Fangchenggang Intermediate People's Court of Guangxi Zhuang Autonomous. That is, Defendant Mei S. was sentenced to a fixed-term imprisonment of eight(8) years in addition to a fine of CNY50,000 for smuggling precious and rare species of wildlife products. 3. Appellant Sun Mei was sentenced to a fixed-term imprisonment of five(5) years in addition to a fine of CNY30,000 for smuggling precious and rare species of wildlife products.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife