In March 2017, Lianji W. purchased 6 rhinoceros horns through diplomatic personnel of a certain country. Lianji W. sold rhino horns to different people. On May 11, 2018, Lianji W. asked his brother, Jide W., to go to Mozambique to purchase 6 rhino horns and hand them over to Li for smuggling into the country. On May 25, 2018, Jide W. was arrested by the public security organ in the terminal of Beijing Capital Airport. On May 26, 2018, Li took 6 rhinoceros horns to take flight CA868 to Beijing Capital Airport, and used diplomatic personnel to enter the border defense exemption condition. On the same day, Li was caught on the spot by the public security organ when he traded with Lianji W. at the Hanting Hotel and 6 rhino horns were seized. Lianji W. confessed to having smuggled endangered wildlife products and illegally purchased and sold threatened and endangered wildlife products. Jide W. confessed to having smuggled endangered wildlife products.
Country
Type of court
Seat of court
Jilin
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Ji, No.214 final instance
Charges
The defendant Lianji W. charged with smuggling endangered wildlife products and illegal purchase and sale of threatened and endangered wildlife products. The defendant Jide W. charged with smuggling endangered wildlife products.
Species
Money value
6,600,000 RMB
Transnational
No
Decision
The court found the defendants Lianji W. and Jide W. guilty of smuggling of endangered species according to criminal law Art. 151 II; Lianji W. guilty of illegal purchase and sale of threatened and endangered wildlife products according to criminal law Art. 341 I.
Appealed
No
Penalty
Lianji W. was sentenced to 9 years in prison with a fine of RMB 200,000 for the smuggling of endangered wildlife products; was sentenced to 7 years in prison with a fine of RMB 100,000 for the crime of illegally selling endangered wildlife products. Execution of imprisonment for 14 years and a fine of RMB 300,000. Jide W. was sentenced to imprisonment for 7 years and a fine of RMB 100,000. Recovery of Lianji W.'s illegal income of RMB 210,000. All crime involved items confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decisions of first instance: (2019) Ji 02, No.41 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis