On the evening of March 16, 2017, Jianbing Z., Ming X. and Guo C., Shengjun Q. used Jianbing Z.'s glare lights, fine dogs and other tools for hunting in the cotton field of Kukush 2 Village, Bisibag Township, Kuqa County. 6 hares (dead bodies) and 1 pheasant (injured, and later released by the police) were hunted, and then on their way home, they were seized by the on-duty police. According to Jianbing Z. and Ming X's confession, at the end of December 2016, they hunted 8 hares in the cotton field of Kuqa County government farm. The public security organ inspected their houses, found 3 suspected hares in Jianbing Z.'s house, and searched 4 hares in Ming X.'s house. Jianbing Z., Ming X. and Guo C., Shengjun Q. confessed to having illegally hunted threatened and endangered wildlife species.
Country
Type of court
Seat of court
Akesu
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Xin 29, No.250 final instance
Charges
Jianbing Z., Ming X. and Guo C., Shengjun Q. were charged with illegally hunting and killing threatened and endangered wildlife species.
Species
Money value
5,200 RMB.
Transnational
No
Decision
The court found the defendants Jianbing Z., Ming X. and Guo C., Shengjun Q. guilty of illegal hunting of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Jianbing Z. was sentenced to 3 years’ imprisonment with a fine of RMB 15,000. Ming X. was sentenced to 3 years’ imprisonment with a fine of RMB 15,000. Guo C. was sentenced to 1 year’s imprisonment with a fine of RMB 5,000. Shengjun Q. was sentenced to 1 years imprisonment with a fine of RMB 5,000. The four defendants jointly compensated the national resource loss fee of 5,200 yuan. All crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2018) Xin 2923, No.1884 first instance.
Legislation cited
Criminal Law - Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis