The defendants Min G., Zhiqiang X. and Linzheng G. charged felony counts of illegally purchasing, transporting and selling threatened and endangered wildlife and products (appellate case)

Country
China
Territorial subdivision
Fujian Province
Court
The Intermediate People's Court of Putian
Type of court
National - lower court
Seat of court
Putian
Court jurisdiction
Criminal
Date of opinion
2020
Abstract

On December 2, 2013, Min G., Zhiqiang X. and Linzheng G. sold a rhino horn product to Meiyang L.. After identification, the rhino horn had a net weight of 4.942 kg and a value of RMB 1.231 million. On December 17, 2018, the Xianyou County Public Security Bureau seized 16 suspected ivory beads at Min G.'s rental house. The beads were purchased by him from a shop. It was identified that the 16 suspected ivory beads were ivory products, with a net weight of 0.028 kg and a value of RMB 1166. In early December 2018, Min G. sold a ivory carving to Fei X. through his mobile phone WeChat group. It was identified that the ivory carving was an ivory product with a net weight of 52.649 grams and a value of RMB 2194.

Language of document
Chinese
Reference number
(2019) Min 03, No.722 final instance
Charges
Min G. was charged with illegally purchasing and selling threatened and endangered wildlife species. Zhiqiang X. and Linzheng G. were charged with illegally selling threatened and endangered wildlife species.
Species
African elephant, Asian elephant, Black rhinoceros
Transnational
Yes
Decision
The court found the defendants Min G., Zhiqiang X. and Linzheng G. guilty of illegal purchase and sale of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Min G. was sentenced to 12 years and 6 months in prison and a fine of RMB 250,000. Zhiqiang X. was sentenced to 12 years in prison and a fine of RMB 250,000. Linzheng G. was convicted of illegally selling endangered wildlife products and sentenced to 12 years' imprisonment with a fine of RMB 250,000. He was sentenced to 12 years' imprisonment and a fine of RMB 550,000 for the former criminal of smuggling endangered wildlife products. Executing imprisonment of 18 years and 6 months and a fine of RMB 800,000. The crime involved items were confiscated.
Treaty cited
Convention on International Trade in Endangered Species of Wild Fauna and Flora
Court cases cited
Based on the decision of first instance: (2019) Min 0322, No.702 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife