Country
Type of court
Seat of court
Guangzhou
Court jurisdiction
Date of opinion
2019
Abstract
On the morning of May 3, 2018, Bingxian C. drove the "Shenshe" ship from the Shekou Wharf in Shenzhen. On the ship were Guozhen J., Yuzhen L. and others and a batch of seafood. After arriving at Liufushan Wharf, HongKong, Bingxian C. and Guozhen J. carried the 4 barrels of cargo provided by Chen to the ship, and hid them in the dark compartment of the front cabin. Bingxian C. and Guozhen J. charged Chen 1700 yuan and 400 Hong Kong dollars. During his return, Bingxian C. handed over 1,400 yuan to Yuzhen L.. At 11:15, the ship was seized by the Marine Police.
Language of document
Chinese
Reference number
(2019) Yue, No.1239 final instance
Charges
The defendants Bingxian C., Guozhen J., Yuzhen L., and Daming C. charged with smuggling threatened and endangered species.
Species
Money value
Although not stated, the financial resources of this criminal group is around 658,000 RMB.
Transnational
Yes
Decision
The court found the defendants Bingxian C., Guozhen J., Yuzhen L., and Daming C. guilty of smuggling of endangered species according to criminal law Art. 151 II.
Appealed
No
Penalty
Binxian C., Guozhen J., Yuzhen L., and Daming C. were all sentenced to 5 years in prison and a fine of RMB 50,000. The illicit money of Bingxian C., Guozhen J. and Yuzhen L. were all confiscated, and the remaining cash deducted the corresponding defendant' s fine. All crime involved items confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decisions of first instance: (2019) Yue 03, No.130 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife