Country
Type of court
Seat of court
Nanyang
Court jurisdiction
Date of opinion
2017
Abstract
The defendant Lei W. and the defendant Linxiao D. were in a husband-and-wife relationship before the incident. Between July and August 2014 and July 21, 2015, Lei W. and Linxiao D. illegally purchased and sold suspected ivory products and suspected rhino horn products at booth No. 191 in the Jade Wholesale Market of Shifo Temple, Shiping Temple, Zhenping County. On July 21, 2015, Lei W., Linxiao D. were caught by public security organs when illegally selling ivory products at the booth, and a batch of suspected ivory products and suspected rhino horn products were seized on the spot. Lei W., Linxiao D. confessed to having illegally purchased and sold threatened or endangered wildlife products.
Language of document
Chinese
Reference number
(2017) Yu 13, No.317 final instance
Charges
Lei W., Linxiao D. were charged with illegal purchase, transport and sale of threatened or endangered wildlife products.
Species
Money value
1,905,013 RMB
Transnational
Yes
Decision
The court found the defendants Lei W., Linxiao D. guilty of purchasing and selling endangered wildlife products according to Criminal Procedure Law of the People's Republic of China Art. 341 I
Appealed
No
Penalty
Lei W. was sentenced to 10 years in prison and fined 30,000 yuan. Linxiao D. was sentenced to 6 years in prison and fined 20,000 yuan. The appellate court upheld this decision. All crime involved items confiscated.
Legislation cited
Criminal Law - Directory of the People's Republic of China on Special State Protection of Wildlife, Art. 341 I
Text and analysis