Country
Type of court
Seat of court
Suzhou
Court jurisdiction
Date of opinion
2016
Abstract
The defendants Chen Wei, Gao Wangpeng, Yi Zhuangjie, Sun Pan, Yang Houlong, Diao Yidou, Li Chaoguang, Ren Chongyang, Song Aizhong, Liu Huiting, Guo Qi'an, Zeng Chao, Wang You, and Li Feng are foreign Ripple crew members. During 2014, the 14 defendants still used cigarettes, beer, instant noodles, laptops and other objects while Ripple stopped in Papua New Guinea while knowing that parrots were prohibited from entering the protected animals in the country. The locals exchanged 17 parrots and carried them together or separately. On the evening of January 8, 2015, during Ripple's call at Taicang Port, the defendant Song Aizhong contacted the defendant Zhou Baoping in advance. The defendant Zhou Baoping was still in Ripple when he knew that the Ripple crew smuggled imported parrots into the country on the ship.
Language of document
Chinese
Reference number
Moujia C. 2016 Su Criminal Final 82
Charges
Wei C., Wangpeng, Renpeng G., Xinjie Y., Pan S., Houlong Y., Yidou D., Chaoguang L., Chongyang R., Aizhong S., Huiting L., Qi’an G., Chao Z., You W., Feng L., and Baoping Z. were charged with illegally smuggling rare wild animals. Jiang X. was charged with illegally purchasing rare and endangered wild animals.
Species
Money value
58000 RMB
Transnational
Yes
Decision
The court found the appellant Jiang X. confessed to having illegally purchased rare and endangered wild animals according to criminal law Art. 341 Ⅰ. The court found the defendant at first trial Wei C., Wangpeng, Renpeng G., Xinjie Y., Pan S., Houlong Y., Yidou D., Chaoguang L., Chongyang R., Aizhong S., Huiting L., Qi’an G., Chao Z., You W., Feng L. and Baoping Z. confessed to having illegally smuggled rare wild animals according to criminal law Art. 151 II.
Appealed
No
Penalty
Wei C. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 6,000 for illegally smuggling rare wild animals. Wangpeng G. was sentenced to 1 year and 3 mouths in prison with a suspension of 2 years and a fine of RMB 3,000 for illegally smuggling rare wild animals. Xinjie Y. was sentenced to 1 year and 3 mouths in prison with a suspension of 2 years and a fine of RMB 3,000 for illegally smuggling rare wild animals. Pan S. was sentenced to 1 year and 3 mouths in prison with a suspension of 2 years and a fine of RMB 3,000 for illegally smuggling rare wild animals. Houlong Y. was sentenced to 1 year in prison with a suspension of 2 years and a fine of RMB 2,000 for illegally smuggling rare wild animals. Yidou D. was sentenced to 1 year in prison with a suspension of 2 years and a fine of RMB 2,000 for illegally smuggling rare wild animals. Chaoguang L. was sentenced to 1 year and 6 mouths in prison with a suspension of 2 years and a fine of RMB 4,000 for illegally smuggling rare wild animals. Chongyang R. was sentenced to 1 year in prison with a suspension of 2 years and a fine of RMB 2,000 for illegally smuggling rare wild animals. Aizhong S. was sentenced to 2 years in prison with a suspension of 3 years and a fine of RMB 4,000 for illegally smuggling rare wild animals. Huiting L. was sentenced to 1 year and 6 mouths in prison with a suspension of 2 years and a fine of RMB 4,000 for illegally smuggling rare wild animals. Qi’an G. was sentenced to 1 year and 6 mouths in prison with a suspension of 2 years and a fine of RMB 4,000 for illegally smuggling rare wild animals. Chao Z. was sentenced to 1 year in prison with a suspension of 2 years and a fine of RMB 2,000 for illegally smuggling rare wild animals. You W. was sentenced to 1 year in prison with a suspension of 2 years and a fine of RMB 2,000 for illegally smuggling rare wild animals. Feng L. was sentenced to 9 mouths in prison with a suspension of 1 year and a fine of RMB 1,000 for illegally smuggling rare wild animals. Baoping Z. was sentenced to 5 years and 6 mouths in prison and a fine of RMB 30,000 for illegally smuggling rare wild animals. Jiang X. was sentenced to 5 years in prison and a fine of RMB 30,000 for illegally purchasing rare and endangered wild animals. The appellate court upheld this decision.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife