On May 20, 2019, the defendants Dehan Z., Caiqi L. and Jiaqi Z. made an appointment to hunt for pheasants at Dahongpojiao Mountain Farm in Rongsheng Village Committee of Abdushi Township. Caiqi L. was responsible for listening to the pheasant's voice and confirming its position, then he commanded Caiqi L. and Jiaqi Z. to hunt under the rock mouth of Dahongpojiao Mountain Field. At about 20 o'clock that day, Dehan Z. used his illegally held nail gun to kill a pheasant. They were seized by the staff of Abdu Township Forestry Station on the way back to the village. Dehan Z. confessed to have illegally hunted and killed endangered wildlife and illegally possessed guns, Caiqi L. and Jiaqi Z. confessed to illegally hunted and killed endangered wildlife.
Country
Type of court
Seat of court
Qujing
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Yun 03 , No.495 final instance
Charges
The defendant Dehan Z. was charged with of illegally hunting, killing endangered wildlife and illegally possessing guns, the defendants Caiqi L. and Jiaqi Z. were charged with illegally hunting, killing endangered wildlife.
Transnational
No
Decision
The court found the defendants Dehan Z., Caiqi L. and Jiaqi Z. guilty of illegal hunting, killing of endangered wildlife according to criminal law Art. 341 I, Dehan Z. guilty of illegal possession of guns according to criminal law Art. 128 I.
Appealed
No
Penalty
Dehan Z. was sentenced to 1 year and 10 months in prison and fined 5,000 yuan. Caiqi L. was sentenced to one year in prison, suspended for one year, and fined 5,000 yuan Jiaqi Z. was sentenced to one year in prison, suspended for one year, and fined 5,000 yuan. One firearm involved was confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2019) Yun 0381, No.449 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis