In October 2012, Chunlai W., Yuming L. and others found dead wild ducks in the contracted fish ponds, and they developed the intention to catch wild ducks with medicine. After Yuming L. discussed with Shijun C., they used the method of "using medicine to smear fish gills to make medicine bait", and then Yuming L., Jingquan S., Shijun C. went to fish pond to hunt. Later, due to the poor killing effect, Chunlai W., Yuming L. decided to use the method of spraying the pesticide "Kebaiwei" on the water grass or the water surface to hunt the birds. Chunlai W., Yuming L. provided "Kebaiwei", Yuming L., Jingquan S., Shijun C. were responsible for hunting. A variety of wild birds died in the pond, a total of 118, including 20 oriental white storks and 1 swan. Chunlai W., Yuming L., Jingquan S., Shijun C. confessed to having illegally hunted and killed wildlife.
The defendants Chunlai W., Yuming L., Jingquan S., Shijun C. charged felony counts of illegally hunting and killing wildlife (appellate case)
Country
Type of court
Seat of court
Tianjin
Court jurisdiction
Date of opinion
2014
Abstract
Language of document
Chinese
Reference number
(2014) Erzhong, No.48 final instance
Charges
Chunlai W., Yuming L., Jingquan S., Shijun C. were charged with were charged with illegally hunting and killing wildlife.
Transnational
No
Decision
The court found the defendants Chunlai W., Yuming L., Jingquan S., Shijun C. guilty of illegal hunting and killing of wildlife according to criminal law Art. 341 I.
Appealed
No
Penalty
Chunlai W. was sentenced to 6 years and 6 months in prison and a fine of RMB 20,000. Yuming L. was sentenced to 5 years and 6 months in prison and a fine of RMB 20,000. Jingquan S. was sentenced to 5 years in prison and a fine of RMB 10,000. Shijun C. was sentenced to 5 years in prison and a fine of RMB 10,000. The appellate court upheld this decision. All crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2013) Bin, No.84 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis