From July to August 2017, Jianhuo C. hired Jianfa C to process and polish a batch of ivory beads at a price of 0.5 yuan each; from July to August 2018, Jianhuo C. handed over two bags of ivory beads to Jianfa C. for processing and polishing. After identification, the net weight of ivory products was 0.733kg, valued at 21541 yuan. From August 2018, Jianhuo C. hired Jianfa C. to mail rhino horn products to customers. At the beginning of May 2019, Jianhuo C. handed over rhino horn beads purchased from others to Jianfa C., and let him make them into strings for sale. It was identified that the items came from rhino horn, with a net weight of 0.027kg and a value of 6750 yuan. Since 2017, Jianhuo C. repeatedly purchased ivory and rhino horn products from others. Xianyou County Public Security Bureau seized a batch of ivory products for sale in Jianhuo C.'s house. After identification: the above items belonged to ivory products, with a net weight of 0.092kg and a value of 3832 yuan. In March 2019, Jianhuo C. sold three strings of rhino horn bracelets to Yu through WeChat at a price of about 15,000 yuan; on May 13, 2019, Jianhuo C. sold rhino horn pot to Yu through WeChat at a price of 63,000 yuan. It was identified that the items came from rhino horns, with a net weight of 0.436kg and a value of 109,000 yuan. In March 2018, Jianhuo C. purchased an ivory bracelet from others at a roadside stall in Pangtou Town. It was identified that the item was an ivory product with a net weight of 0.046kg and a value of 1916 yuan. Jianhuo C. and Jianfa C. confessed to having illegally purchased and sold rare and endangered wild animals’ manufactured products.
The defendants Jianhuo C. and Jianfa C. charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (appellate case)
Country
Territorial subdivision
Type of court
Seat of court
Putian
Court jurisdiction
Date of opinion
2020
Abstract
Language of document
Chinese
Reference number
(2020) Min 03, No.111 final instance
Charges
Jianhuo C. and Jianfa C. charged with illegally purchasing, transporting and selling rare and endangered wild animals’ manufactured products.
Species
Money value
141,123 RMB
Transnational
Yes
Decision
The court found the defendants Jianhuo C. and Jianfa C. guilty of illegal purchase and sale of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Jianfa C. was sentenced to 9 months in prison, and fined RMB 5,000. Jianhuo C. was sentenced to 5 years and 6 months in prison, and fined RMB 25,000. Jianfa C.’s illegal income of RMB 16,000 returned to this court was confiscated and turned over to the State Treasury. The seized ivory products, rhino horns, etc. were all confiscated and dealt with according to law; the black iiphone 7 plus and the blue vivo V1821A phone owned by Jianhuo C. seized in the case were confiscated and dealt with according to law. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2019) Min 0322, No.899 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis