The defendants Gamacida and Pingcuonanjia charged felony counts of illegally hunting and killing threatened and endangered wildlife (appellate case)

Country
Type of court
Seat of court
Ali
Court jurisdiction
Date of opinion
2017
Abstract

In mid-November 2015, Gamacida and Pingcuonanjia lived in temporary shelters for grazing. During the period, due to multiple incidents of missing and bitten sheep, Gamacida proposed to Pingcuonanjia to place iron clips for hunting wildlife to prevent them from infringing on the flock. Two iron clips were placed at a different location near the temporary residence. The next morning, Gamacida went to inspect the iron clip and found it was gone. He called Pingcuonanjia to look for it together. At hundreds of meters from the temporary residence, the two found that an animal resembling a cat was caught, and very fierce to get approached. Gamacida proposed to stone the animal in order to retrieve the iron clip borrowed from another person. The animal was killed by them. Afterwards, the public security organ arrested the two appellants based on the report. Gamacida and Pingcuonanjia confessed to having illegally hunted threatened and endangered wildlife species.

Language of document
Chinese
Reference number
(2017) Zang 25, No.4 final instance
Charges
Gamacida and Pingcuonanjia were charged with illegally hunting and killing threatened and endangered wildlife species.
Species
Transnational
No
Decision
The court found the defendants Gamacida and Pingcuonanjia guilty of illegal hunting of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Gamacida was sentenced to 5 years in prison, and fined 10,000 yuan. Pingcuonanjia was sentenced to 3 years in prison, and fined 10,000 yuan. All crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2016) Zang 2523, No.5 first instance
Legislation cited
Criminal Law - Directory of the People's Republic of China on Special State Protection of Wildlife