From January 21, 2011 to January 28, 2015, the defendants Wanhong Y., Guangxue W., Mingzhi W., Xiquan L.and Tianzhon M.entered the Ningxia Helan Mountain Nature Reserve seven times with firearms to hunt the blue sheep, and shipped the sheep back.A total of 15 blue sheep were hunted by them. On one day in May 2013, the defendant Tianzhon M. sold a small-caliber rifle to the defendant Lan at a price of 2200 yuan. Wanhong Y. and Guangxue W. confessed to having illegally hunted and killed endangered wildlife and illegally possessed firearms, Tianzhon M. confessed to having illegally hunted and killed endangered wildlife and illegally sold firearms, Mingzhi W., Xiquan L. confessed to having illegally transporting endangered wildlife, and Lan confessed to having illegally purchased firearms.
The defendants Wanhong Y. and Guangxue W. charged felony counts of illegal hunting and killing wildlife and illegal possession of firearms (appellate case)
Country
Type of court
Seat of court
Yinchuan
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
(2016) Ning 01, No.235 first instance
Charges
Wanhong Y. and Guangxue W. were charged with illegally hunting and killing endangered wildlife and illegal possession of firearms , Tianzhon M. was charged with illegally hunting and killing endangered wildlife and illegal sale of firearms, Mingzhi W., Xiquan L. were charged with illegally transporting endangered wildlife, and Lan was charged with illegal purchase of firearms.
Species
Transnational
No
Decision
The court found the defendants Wanhong Y., Guangxue W., Tianzhon M., Mingzhi W. and Xiquan L. guilty of illegal hunting and transporting of endangered wildlife according to criminal law Art. 341Ⅱ, the defendants Wanhong Y., Guangxue W., Tianzhon M. and Lan guilty of illegal possession and sale of firearms according to criminal law Art. 125 I.
Appealed
No
Penalty
Wanhong Y. was sentenced to 9 years and 9 months in prison and a fine of RMB 10,000. Guangxue W. was sentenced to 10 years and 9 months in prison and a fine of RMB 10,000. Tianzhon M. was sentenced to 5 years in prison and a fine of RMB 5,000. Mingzhi W. was sentenced to 5 years and 2 months in prison and a fine of RMB 8,000. Xiquan L. was sentenced to 5 years in prison and a fine of RMB 8,000. Lan was sentenced to 5 years in prison. All crime involved items were confiscated.
Court cases cited
(2015) Xia, No.268 first instance, sent back for retrial.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife