X. Mou And L. Mou charged felony counts of illegal purchasing, transporting and selling rare and endangered wild animals (appellate case)

Country
Type of court
Seat of court
Guangzhou City
Court jurisdiction
Date of opinion
2014
Abstract

Since October 2012, Xiao Wenwu has deposited the owl he acquired in an unlicensed bungalow in the Yanghe Village Farm, Guangzhou, which he leased from Gao, and hired Gao ’s worker Liao Congyun Help him feed and feed the owl part-time, and hire the same person Huang Jie to help him deliver the owl. On April 25, 2013, the defendant Xiao Wenwu assigned fellow criminal Huang Jie to the bungalow under the care of the defendant Liao Congyun to take out two live owls and deliver them to the buyer. The same person Huang Jie was stolen and obtained by the police from the Forest Branch of Guangzhou Public Security Bureau during the delivery. The police subsequently seized 21 suspected owls and 36 frozen dead bodies in the bungalow.

Language of document
Chinese
Reference number
2014 Sui Intermediate Criminal one Final 236
Charges
Wenwu X. and Congyun L. confessed to having illegally purchased and sold rare and endangered wild animals.
Transnational
No
Decision
The court found the appellant Wenwu X. guilty of illegally purchasing and selling endangered wild animal according to criminal law Art. 341 Ⅰ. The court found the appellant Congyun L. guilty of illegally purchasing and selling endangered wild animal according to criminal law Art. 341 I.
Appealed
Yes
Penalty
Wenwu X. was sentenced to 12 years in prison and a fine of RMB 20,000 for illegally transporting and selling rare and endangered wild animals. Congyun L. was sentenced to 3 years in prison and a fine of RMB 1,000 for illegally transporting and selling rare and endangered wild animals. The appellate court upheld this decision. Crime involved items confiscated. Appellants Xiao Wenwu and Liao Congyun illegally acquired and sold precious and endangered wildlife under state protection. The circumstances were particularly serious. Their actions have constituted the crime of illegally acquiring and selling precious and endangered wildlife and should be punished according to law. Appellant Liao Congyun played an auxiliary role in the joint crime and was an accessory. The punishment should be reduced according to law. The defendant, Liao Congyun, who can truthfully confess his crimes after the case, can be given a lighter punishment according to law. Regarding the appellant Xiao Wenwu that he did not acquire and sell owls, the owl seized was not related to it, and his defender submitted that the original verdict found that Xiao Wenwu constituted a crime with insufficient evidence, and his appeal and defense opinions should be found guilty. One confirmed that Xiao Wenwu rented a bungalow from him in the name of storing mountain goods and hired Liao Congyun to feed and clean it. He later discovered that Xiao Wenwu stored an owl. Witness Liao confirmed that Xiao Wenwu repeatedly transported owls from outside to the farm for storage, and then was fed by Liao Congyun. Co-author Huang Jie and appellant Liao Congyun confirmed that the owl seized was acquired by Xiao Wenwu and stored in the farm. Liao Congyun was responsible for the care and feeding of the owl, and Huang Jie was responsible for delivery and sale. The above witness testimony and the same person's confession mutually confirm each other, and can form a complete evidence chain with other evidence in this case, which is sufficient to confirm the criminal fact that the appellant Xiao Wenwu illegally acquired and sold precious and endangered wildlife under state protection, so the above opinions This court does not agree with the facts and evidences found. Regarding the appellant Liao Congyun and his defenders who proposed that their subjective malignancy was small and the original sentence was severe, the appeal and defense opinions of probation should be applied. After investigation, the appellant Liao Congyun ’s criminal circumstances were particularly serious and did not meet the legal conditions for the application of probation. Reasons are insufficient, this court will not accept.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife