Donghua N. and Feng Q. smuggled ivory products with a total value of RMB 4,669,67.42 yuan. Qiongdan Z. smuggled ivory products with a total value of 4,460,661.8 yuan. Junbin C. smuggled ivory products with a total value of 1936163.22 yuan, and illegally purchased, transported, and sold endangered wildlife products with a total value of 538,737 yuan. Hui W. smuggled ivory products with a total value of more than 1.6 million yuan. Bize Z. smuggled ivory products with a total value of 902672.43 yuan. Jin Z. smuggled ivory products with a total value of 732,651.45 yuan. Hongkui M. and Junfeng X. smuggled ivory products worth 225,128 yuan. Yanhui Y. smuggled ivory products worth 220,168 yuan. After the case, the defendants Qiongdan Z., Junbin C., Bize Z., Hui W., Jin Z. were all arrested and brought to the case. Hongkui M., Junfeng X. and Yanhui Y. arrived at the case after being notified by telephone from the investigating agency. Donghua N., Qiongdan Z., Junbin C., Feng Q., Bize Z., Hui W., Jin Z., Hongkui M., Junfeng X., Yanhui Y. confessed to having smuggled endangered wildlife products. Junbin C. confessed to having illegally purchased, transported, and sold endangered wildlife products.
Donghua N., Qiongdan Z. charged felony counts of smuggling endangered wildlife and products, Junbin C. charged felony counts of smuggling endangered wildlife and products, illegal purchase, transportation, and sale of threatened and endangered wildlife and products (appellate case)
Country
Type of court
Seat of court
Hangzhou
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2016) Zhe, No.504 final instance
Charges
The defendants Donghua N., Qiongdan Z., Junbin C., Feng Q., Bize Z., Hui W., Jin Z., Hongkui M., Junfeng X. and Yanhui Y. charged with smuggling endangered wildlife products. The defendant Junbin C. charged with illegal purchase, transportation and sale of endangered wildlife products.
Species
Money value
More than 14,000,000 RMB.
Transnational
Yes
Decision
The court found the defendants Donghua N., Qiongdan Z., Junbin C., Feng Q., Bize Z., Hui W., Jin Z., Hongkui M., Junfeng X., Yanhui Y. guilty of smuggling of endangered wildlife products according to criminal law Art. 151Ⅱ; Junbin C. guilty of illegal purchase, transportation and sale of endangered wildlife products according to criminal law Art. 341 I.
Appealed
No
Penalty
Donghua N. was sentenced to 14 years in prison, and was fined RMB 500,000. Qiongdan Z. was sentenced to 12 years in prison, and was fined RMB 300,000. Junbin C. was convicted of smuggling endangered wildlife products and sentenced to 10 years and 6 months in prison and fined RMB 200,000; illegally purchasing, transporting, and selling endangered wildlife products, and was sentenced to 10 years in prison and fined RMB 100,000. Executing imprisonment for 12 years and a fine of RMB 300,000. Feng Q. was sentenced to 7 years in prison, and was fined RMB 150,000. Hui W. was sentenced to 5 years in prison, and was fined RMB 150,000. Bize Z. was sentenced to 4 years in prison, and was fined RMB 30,000. Jin Z. was sentenced to 5 years in prison, and was fined RMB 150,000. Hongkui M. sentenced to 1 year and 6 months in prison, suspended for 2 years, and fined RMB 20,000. Junfeng X. sentenced to 1 year and 6 months in prison, suspended for 2 years, and fined RMB 20,000. Yanhui Y. sentenced to 1 year and 6 months in prison, suspended for 2 years, and fined RMB 20,000. Recovery of Lianji W.'s illegal income of RMB 210,000. All crime involved items confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decisions of first instance: (2016) Zhe 01, No.80 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife