At 13 o'clock on August 14, 2017, Pengmaocaidan and Nuhai M. took a white off-road vehicle driven by Baraoasuo passing the foot of Konglongge Mountain in Laxi Town, Baqing County, and found there were musk deer. Pengmaocaidan proposed the idea of using a steel wire sleeve to catch the musk deer, and Nuhai M. and Baraoasuo agreed. After preparaion, at 2 o'clock in the morning the next day they came to Konglongge Mountain together. Pengmaocaidan and Nuhai M. placed the wire sleeve in the bushes. At 17 o'clock on August 17, 2017, they went to the mountain to check the hunting situation and Baraoasuo drove the car to Jiangmian Township. A total of 3 musk deer were found. Pengmaocaidan, Nuhai M. and Baraoasuo confessed to having illegally hunted threatened and endangered wildlife species.
The defendants Pengmaocaidan, Nuhai M. and Baraoasuo charged felony counts of illegally hunting threatened and endangered wildlife (appellate case)
Country
Type of court
Seat of court
Naqu
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Zang 24, No.11 final instance
Charges
Pengmaocaidan, Nuhai M. and Baraoasuo were charged with illegally hunting and killing threatened and endangered wildlife species.
Species
Money value
22,500 RMB.
Transnational
No
Decision
The court found the defendants Pengmaocaidan, Nuhai M. and Baraoasuo guilty of illegal hunting of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Pengmaocaidan was sentenced to 3 years and 2 months in prison, and fined 5,000 yuan. Nuhai M. was sentenced to 3 years in prison, and fined 4,000 yuan. Baraoasuo was sentenced to 3 years in prison, and fined 3,000 yuan. All crime involved items confiscated.
Court cases cited
Based on the decision of first instance: (2018) Zang 2429, No.4 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis