The defendants Xiaolan Q., Jicai Z. and others charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (appellate case)

Country
Territorial subdivision
Type of court
Seat of court
Changde
Court jurisdiction
Date of opinion
2019
Abstract

From January 2017 to March 2018, Xiaolan Q. and Jicai Z. successively illegally purchased 35 pangolins from Su (sentenced) for many times, knowing that pangolins were under second class state protecion and without obtaining a franchise license. Among them, 29 pangolins completed the transaction, 6 were captured by the police during the transaction. They sold to Yeqiong L. 6 pangolins, to Shanjia L. 4 pangolins, and to Luo, Liu and others a total of 31 pangolins, The illegal income was RMB 190,980. Xiaolan Q. was responsible for contacting the source of pangolins, receiving and paying the payment, Jicai Z. was responsible for receiving and delivering, and Dengfu H. was responsible for illegally transporting the pangolin 9 times, a total of 9 pangolins, and the freight was more than 3700 yuan. Yeqiong L. sold 4 pangolins purchased from Xiaolan Q. and Jicai Z. to Jianlin C., Huang and Qin, and the illegal income was RMB 46,047. Xiaolan Q. and Jicai Z. confessed to having illegally purchased and sold rare and endangered wild animals. Shanjia L., Yeqiong L. and Jianlin C. confessed to having illegally purchased rare and endangered wild animals. Dengfu H. confessed to having illegally transported rare and endangered wild animals.

Language of document
Chinese
Reference number
(2019) Xiang 07, No.374 final instance
Charges
Xiaolan Q., Jicai Z., Dengfu H., Shanjia L., Yeqiong L. and Jianlin C. charged with illegally purchasing, transporting or selling rare and endangered wild animals.
Transnational
No
Decision
The court found the defendants Xiaolan Q., Jicai Z., Dengfu H., Shanjia L., Yeqiong L. and Jianlin C. guilty of illegal purchase, transportation or sale of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Xiaolan Q. was sentenced to 11 years in prison with a fine of RMB 110,000. Jicai Z. was sentenced to 10 years and 6 months in prison with a fine of RMB 100,000. Dengfu H. was sentenced to 5 years in prison with a fine of RMB 50,000. Yeqiong L. was sentenced to 3 years in prison, 4 years of probation, and a fine of RMB 40,000. Shanjia L. was sentenced to 2 years and 6 months in prison, 3 years of probation, and a fine of RMB 30,000. Jianlin C. was sentenced to 2 years in prison, 2 years and 6 months of probation, and a fine of RMB 20,000. The recovery of the illegal income of Xiaolan Q. and Jicai Z. totalled 190,980 yuan, and the recovery of the illegal income of Dengfu H. totalled 3700 yuan. The illegal income of Yeqiong L. seized by the public security organ was confiscated and turned over to the treasury.
Court cases cited
Based on the decision of first instance: (2019) Xiang 0726, No. 131 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife