On November 30 and December 31, 2017, Junfeng Z. sold ivory products to Wu at the prices of RMB 2720, 360, and 740 through contact and mailing. After identification, the above products originated from African elephant ivory. On December 15, 2017, Zheng sold four lucky buckles to Wu at a price of RMB 1,660 through WeChat contact and mailing. After appraisal, three of them were derived from African elephant ivory. On March 2, 2018, Wu and Liu sold a ivory buckle weighing about 27 grams to Cunmei B. at a price of RMB 900. On March 27, 2018, Wu and Liu were captured by public security organs. The police seized 18 pieces of African ivory products on the spot in the shop operated by Wu. On April 20, 2018, Zheng and Junfeng Z. were captured by public security organs. The police seized 69 pieces of African ivory products on the spot at Zheng's residence; 78 pieces of African ivory products were seized in Junfeng Z.'s car and residence. On the afternoon of April 20, 2018, Junfeng Z. was in Zize Village, Pangtou Town, Xianyou County, Putian City, Fujian Province and wanted to sell a piece of African ivory to Qinggan W. (another case) for more than 10,000 yuan. They were arrested on the spot by public security personnel. After the appraisal, the sold ivory is a whole ivory. Junfeng Z., Zheng, Liu confessed to having illegally transported and sold rare and endangered wild animals’ manufactured products; Wu confessed to having illegally purchased, transported and sold rare and endangered wild animals’ manufactured products.
The defendants Junfeng Z., Zheng, Wu, Liu charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals’ manufactured products (first instance case)
Country
Territorial subdivision
Type of court
Seat of court
Nanjing
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Su 0105, No.476 first instance
Charges
Junfeng Z., Zheng, Wu, Liu charged with illegally purchasing, transporting or selling rare and endangered wild animals’ manufactured products.
Species
Money value
Although not stated, the financial resources of this criminal group is more than 100,000 RMB.
Transnational
Yes
Decision
The court found the defendants Junfeng Z., Zheng, Wu, Liu guilty of illegal purchase, transportation or sale of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Junfeng Z. was sentenced to five years in prison with a fine of RMB 30,000. Zheng was sentenced to six months in prison with a fine of RMB 5,000. Wu was sentenced to 7 months in prison with a fine of RMB 10,000. Liu was sentenced to three months’ detention, suspended for four months, and fined 3,000 yuan. Junfeng Z.'s illegal income of RMB 3820 yuan, Zheng's illegal income of RMB 1660 yuan, and Wu's illegal income of RMB 900 yuan were recovered. The ivory products seized in the case were confiscated.
Court cases cited
(2018) Su 0105, No.268 first instance, was sent back for retrial by (2018) Su 01, No.658 final instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis