Xuejun Z., Mugen W., Xuejun Z., Xinhua H., Genmu X.,illegally hunted, purchased and sold endangered wildlife yellow-margined box turtle, which was under Appendix II of CITES. Genmu X., Cheng L., Xichan D., Jianjun F., Xinhua H., Qiufa W.,Yunxin D., Xuejun Z., illegally hunted wild birds with tools prohibited by law during closed season. Xigen W. concealed the profit from purchasing and selling birds which were caught illegally. Genmu X., Xuejun Z., Mugen W. confessed to having illegally hunted, purchased and sold endangered wildlife; Jianjun F., Xinhua H. confessed to having illegally hunted and sold endangered wildlife; Genmu X., Xinhua H., Jianjun F., Xuejun Z., Cheng L., Qiufa W., Xichan D., Yunxin D. confessed to having illegally hunted; Xigen W. confessed to having illegally covered up and concealed the proceeds of crime.
The defendants Xuejun Z., Xinhua H., Mugen W., etc. charged felony counts of illegal hunting, covering up and conceal the proceeds of crime (first instance case)
Country
Type of court
Seat of court
Anji
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Zhe 0523, No.29 first instance
Charges
Genmu X., Xuejun Z., Mugen W. were charged with illegal hunting, purchase and sale of endangered wildlife; Jianjun F., Xinhua H. were charged with illegal hunting and sale of endangered wildlife; Genmu X., Xinhua H., Jianjun F., Xuejun Z., Cheng L., Qiufa W., Xichan D., Yunxin D. were charged with illegal hunting; Xigen W. was charged with covering up and concealing the proceeds of crime.
Species
Money value
Around 30,000 RMB.
Transnational
No
Decision
The court found the defendants Genmu X., Xuejun Z., Mugen W. guilty of illegal hunting, purchase and sale of endangered species, the defendants Jianjun F., Xinhua H. guilty of illegal hunting and sale of endangered species, and Genmu X., Xinhua H., Jianjun F., Xuejun Z., Cheng L., Qiufa W., Xichan D., Yunxin D. guilty of illegal hunting, Xigen W. guilty of illegally covering up and concealing the proceeds of crime according to criminal law Art. 341 I.
Appealed
Yes
Penalty
Genmu X. was sentenced to 3 years in prison, 4 years’ probition and a fine of RMB 8,000. Jianjun F. was sentenced to 2 years and 8 months in prison, 3 years and 8 months’ probation and a fine of RMB 8,000. Cheng L., Xichan D., Yunxin D., Qiufa W., were sentenced to 1 year and 3 months in prison, 1 year and 9 months’ probation. Xinhua H. was sentenced to 2 years and 2 months in prison, 3 years and 2 months’ probation and a fine of RMB 5,000. Xuejun Z. was sentenced to 2 years in prison, 3 years’ probation and a fine of RMB 10,000. Mugen W. was sentenced to 2 years in prison, 2 years and 6 months’ probation and a fine of RMB 10,000. Xigen W. sentenced to 1 year in prison, 1 year and 6 months’ probation and a fine of RMB 4,000. All crime involved items confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife