In December 2010, Chen Changfei made a huge profit and learned that Xu Xiuzhen could obtain the national first-level protected animal tiger for sale, and then illegally purchased live tigers from Xu Xiuzhen for a long time. Huang Jin, Chen Hengfu, Chen Naipeng, Chen Zhichao, Li Haizhi, Chen Haijie, Xu Chunsheng, Zhuang Fuliu and others slaughtered tigers and sold tiger limbs, organs and products. From December 2010 to the incident, criminal gangs led by Chen Changfei, Chen Hengdong, Zhao Chengquan, Huang Jin, Chen Hengfu, Chen Naipeng, Chen Haijie and others actively participated in the acquisition, killing of tigers and the sale of tiger products have gradually formed. Since December 2010, Chen Changfei has purchased a total of 25 live tigers from Xu Xiuzhen, organized Zhao Chengquan, Huang Jin, Chen Hengdong, Chen Hengfu, Chen Naipeng and others to kill 20 live tigers, and contacted buyers to sell for profit. Xiuzhen X. confessed to having illegally transported and sold rare and endangered wild animals; Changfei C. confessed to having illegally purchased and sold rare and endangered wild animals and their products; Hengdong C., Chengquan Z., Hengfu C., Naipeng C., Haizhi L., Zhichao C. confessed to having illegally killing precious and endangered species of wildlife; Haijie C. confessed to having illegally sold rare and endangered wild animals and their products; Chunsheng X.and Fuliu Z. confessed to having illegally sold rare and endangered wild animals and their products; Chuanhong Y. and Mingyao H. confessed to having illegally transported endangered wild animals. The value of each tiger is 600,000 yuan. The value of each tiger skin is 480,000 yuan, one kilogram of tiger bone is 24,000 yuan, one kilogram of tiger meat is 800 yuan, one tiger gall is 120,000 yuan, one tiger tooth is 4,000 yuan, one claw is 6,667 yuan.
Country
Type of court
Seat of court
Guangzhou City
Court jurisdiction
Date of opinion
2016
Abstract
Language of document
Chinese
Reference number
2016 Yue Criminal Final 961
Charges
Xiuzhen X. was charged with illegally transporting and selling rare and endangered wild animals; Hengdong C., Chengquan Z., Hengfu C., Naipeng C., Haizhi L. and Zhichao C. were charged with illegally killing rare and endangered wild animals; Haijie C., Chunsheng X. and Fuliu Z. were charged with illegally killing rare and endangered wild animals; Chuanhong Y. and Mingyao H. were charged with illegally transporting rare and endangered wild animals.
Species
Money value
The value of each tiger is 600,000 yuan.
Transnational
No
Decision
The court found the appellant Xiuzhen X. guilty of illegally transporting and selling endangered wild animal according to criminal law Art. 341 Ⅰ; The court found the appellant Hengdong C., Chengquan Z., Hengfu C., Naipeng C., Haizhi L. and Zhichao C. guilty of killing rare and endangered wild animals according to criminal law Art. 341 ; The court found the appellant Haijie C., Chunsheng X. and Fuliu Z. guilty of illegally killing endangered wild animal according to criminal law Art. 341 Ⅰ; The court found the appellant Chuanhong Y. and Mingyao H. guilty of killing rare and endangered wild animals according to criminal law Art. 341.
Appealed
No
Penalty
1.Changfei C.was sentenced to 15 years in prison and a fine of RMB 200,000 for illegally purchasing and selling rare and endangered wild animals and their products; 2.Xiuzhen X. was sentenced to 15 years in prison and a fine of RMB 200,000 for illegally transporting and selling rare and endangered wild animals; 3.Hengdong C. was sentenced to 10 years in prison and a fine of RMB 100,000 for illegally killing precious and endangered species of wildlife; 4. Chengquan Z. was sentenced to 5 years and 6 mouths in prison and a fine of RMB 50,000 for illegally killing precious and endangered species of wildlife; 5.Hengfu C. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally killing precious and endangered species of wildlife; 6.Naipeng C. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally killing precious and endangered species of wildlife; 7. Haijie C. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally selling rare and endangered wild animals products; 8. Haizhi L. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally killing precious and endangered species of wildlife; 9. Zhichao C. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally killing precious and endangered species of wildlife; 10. Chunsheng X. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally selling rare and endangered wild animals products; 11. Fuliu Z. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally selling rare and endangered wild animals products; 12. Chuanhong Y. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally transporting precious and endangered species of wildlife; 13. Mingyao H. was sentenced to 5 years in prison and a fine of RMB 50,000 for illegally transporting precious and endangered species of wildlife; Crime involved items confiscated. The appellate court upheld this decision.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis