On the afternoon of November 12, 2017, Longqing L. discovered one silver chicken while collecting herbs, and then hunted and took it home. The next day, he found three civets on the mountain and hunted them. Later, Longqing L. reached a deal with Xiaping W. by phone. At 17:00 on November 13, Longqing L. sold one silver chicken and three civets to Xiaping W. for RMB 140 and RMB 600 respectively. At about 19:00 on November 13, 2017, Xiaping W. sold one civet to Jianwei W. at the price of 400 yuan in his rented house. In the early morning of November 14, 2017, Xiaping W. and Jianwei W. reached a trading intention of the silver chicken with a transaction price of 270 yuan. At about 11 o'clock that day, Xiaping W. slaughtered the silver chicken and later notified Jianwei W. to fetch it. Jianwei W. took the it home and cooked it for consumption. After identification, the silver chicken was under second class state protection. Xiaping W. confessed to having illegally hunted, purchased and sold rare and endangered wildlife animals; Longqing L. confessed to having illegally hunted and sold rare and endangered wildlife animals; Jianwei W. confessed to having illegally purchased rare and endangered wildlife animals.
The defendants Jiping W., Zuowu H. and others charged felony counts of illegally hunting and killing rare and endangered wild animals, Ziping L., Fuyuan X. and others charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (first instance case)
Country
Territorial subdivision
Type of court
Seat of court
Longquan
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Zhe 1181, No.111 first instance
Charges
Xiaping W. charged with illegally hunting, purchasing and selling rare and endangered wildlife animals; Longqing L. charged with illegally hunting and selling rare and endangered wildlife animals; Jianwei W. charged with illegally purchasing rare and endangered wildlife animals.
Species
Transnational
No
Decision
The court found the defendants Xiaping W., Longqing L. and Jianwei W. guilty of illegal hunting, purchase and sale of rare and endangered wildlife animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Xiaping W. was sentenced to 7 months’ imprisonment, 1 year’s probation, and a fine of RMB 1,500. Longqing L. was sentenced to 6 months’ imprisonment, 1 year’s probation, and a fine of RMB 1,500. Jianwei W. was sentenced to 2 months of detention, suspended for 3 months, and fined RMB 1,000. The illegal income returned by Xiaping W. and Longqing L. amounted to RMB 410, which was confiscated and handed over to the State Treasury by the Longquan Municipal Public Security Bureau; the crime tool Xiaomi 5X mobile phone was confiscated; silver pheasant was transferred to the Longquan Forestry Bureau. Xiaping W. and Longqing L. jointly compensated the damage caused by the destruction of the ecological environment for a total of RMB 8,600; Jianwei W. was jointly and severally liable for RMB 6,200 of the above amount; the payment limit was performed within three days after the judgment took effect and was turned over to the State Treasury. Xiaping W., Longqing L. and Jianwei W. issued an apology letter in the newspaper "Longquan Today" within three days after the judgment came into effect, and paid an apology to the public.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife