In late March 2017, with Yang Jiande's intention to hunt, promise to purchase, and transfer 10,000 yuan in advance, Guozhu J., Guolu J. and Hanying W. successively hunted 19,448 Chinese toads in multiple reservoirs. In early March 2017, Jiande Y. proposed to Hongyan J. to contact the person who hunted the Chinese toad in Qinghai, and he was responsible for the purchase and promised a commission to Hongyan J. Hongyan J. contacted Shengyou C. and asked him to hunt the Chinese toads and agreed to purchase them afterwards. Shengyou C. and Changhong R., Youcheng W., Zhanbiao C., and Shouye Z. successively hunted Chinese toads in various reservoirs. On April 14, 2017, Jiande Y. hired a truck and with Hongyan went to Chenjiatai Village to purchase 4004 Chinese toads hunted by Shengyou C. At 19:00 on the same day, Jiande Y. took a drive to Gasijia Village to purchase and load 20111 Chinese toads hunted by Guozhu J. and others, and was later assisted by the forest police.
The defendants Jiande Y., Guolu J. and Guozhu J., Hanying W., etc. charged felony counts of illegal hunting (appellate case)
Country
Type of court
Seat of court
Haidon
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Qing 02, No.38 final instance
Charges
Jiande Y., Guozhu J., Hanying W., Guolu J., Hongyan J., Shengyou C., Changhong R., Youcheng W., Zhanbiao C., Shouye Z. were charged with illegally hunting wildlife.
Money value
Around 100,000 RMB
Transnational
No
Decision
The court found the defendantsJiande Y., Guozhu J., Hanying W., Guolu J., Hongyan J., Shengyou C., Changhong R., Youcheng W., Zhanbiao C., Shouye Z. guilty of illegal hunting wildlife according to criminal law Art. 341Ⅱ.
Appealed
No
Penalty
Jiande Y. was sentenced to 1 year and 10 months in prison; Guozhu J. was sentenced to 1 year and 6 months in prison; Hanying W. was sentenced to 1 year and 6 months in prison, and 1 year’s probition; Guolu J. was sentenced to 1 year and 6 months in prison; Hongyan J. was sentenced to 8 months in prison; Shengyou C. was sentenced to 7 months in prison; Changhong R. and Youcheng W. were sentenced to six months in detention; Shouye Z. was sentenced to six months in detention. The appellate court upheld this decision. All crime involved items confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife