From March 2018 to March 2019, Chao X. successively purchased one ball python, one red-tailed anaconda, and four Asian rock pythons for breeding. Among them, he sold the red-tailed anaconda to a person named “Xiaowu” in Huadiwan, Guangzhou at a price of 1,200 yuan, and sold an Asian rock python (Python) to Liu at a price of 3500 yuan. In May 2018, Xiaojun C. successively purchased 3 Asian Rock Pythons through online transactions. In early April 2019, Xiaojun C. gave two Asian rock pythons to Chao X. During Chao X.'s feeding process, a python died. On April 22, 2019, Chao X. contacted Liu through WeChat to discuss the sale of the surviving Asian rock python to Liu at a price of 650 yuan. Before the transaction was successful, the investigating agency seized the Asian rock python from Chao X.'s home. After identification, the red-tailed anaconda and the ball python involved in this case were under Appendix II of CITES, and the value of them was 5,000 yuan each; the Asian rock python was under first class state protection, and the value of it was 30,000 yuan/each. Chao X. confessed to having illegally purchased and sold rare and endangered wild animals. Xiaojun C. confessed to having illegally purchased rare and endangered wild animals.
Country
Territorial subdivision
Type of court
Seat of court
Chengdu
Court jurisdiction
Date of opinion
2020
Abstract
Language of document
Chinese
Reference number
(2020) Chuan 01, No.150 final instance
Charges
Chao X. and Xiaojun C. charged with illegally purchasing, transporting and selling rare and endangered wild animals
Money value
More than 200,000 RMB
Transnational
Yes
Decision
The court found the defendants Chao X. and Xiaojun C. guilty of illegal purchase or sale of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Xiaojun C. was sentenced to 3 years in prison, suspended for 5 years, and fined RMB 15,000. Chao X. was sentenced to six years and six months in prison, and fined RMB 25,000; Chao X. criminal sentence of Jianyang No. 434 (2015) that he was sentenced to 3 years’ imprisonment and 3 years’ probation for committing the crime of illegally manufacturing firearms was revoked; to execute imprisonment for eight years and two months, with a fine of RMB 25,000. The seized Asian rock python and a transparent plastic box were confiscated and handled by the detention agency Jianyang Forest Public Security Bureau according to law. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2019) Chuan 0180, No.463 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis