From May to June 2017, Yubin Z., Guangyan D., carried illegally modified guns and ammunition, shot and killed a buzzard near the dam. In September 2017, Yubin Z. poisoned an oriental white stork with a panacea in his fish pond. In the autumn of 2017, Hongyan D. used a sticky net to hunt 5 kestrels. In October 2017, Yubin Z. purchased an owl specimen for 300 yuan. In December 2017, Yubin Z. took a box truck driven by Guangyan D. and transported the dead body of an oriental white stork back to his home. In December 2017, Guoping J. entrusted Guangyan D. to make specimen of the Kestrel dead body obtained from Sun. After Guangyan D. transported the dead body of Kestrel to Hongyan D.'s home, he purchased one at the price of 200 yuan and later was transported home by Guoping J. In February 2018, Guoping J. drove a dead body of a buzzard obtained from Sun to Guangyan D.'s home, and paid a processing fee of 300 yuan. He processed it into a buzzard specimen and shipped it back to his home. Yubin Z. confessed to have illegally manufactured firearms, illegally hunted endangered wildlife, and illegally purchased and transported endangered wildlife products. Guangyan D. confessed to have illegally hunted endangered wildlife, and illegally purchased and transported endangered wildlife products. Hongyan D. confessed to have illegally hunted endangered wildlife, and illegally sold endangered wildlife products. Guoping J. confessed to have illegally purchased and transported endangered wildlife products.
Yubin Z., Guangyan D. charged felony counts of illegally manufacturing, trading, transportation, mailing, storage of firearms, ammunition, explosives, illegally hunting, killing endangered wildlife, and illegally purchasing, transporting and selling endangered wildlife products. (first instance case)
Country
Type of court
Seat of court
Haerbin
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Hei 0109, No.115 final instance
Charges
Yubin Z. charged with illegally manufacturing firearms, illegally hunting endangered wildlife, and illegally purchasing and transporting endangered wildlife products. Guangyan D. charged with illegally hunting endangered wildlife, and illegally purchasing and transporting endangered wildlife products. Hongyan D. charged with illegally hunting endangered wildlife, and illegally selling endangered wildlife products. Guoping J. charged with illegally purchasing and transporting endangered wildlife products.
Money value
215,000 RMB.
Transnational
No
Decision
The court found the defendants Yubin Z., Guangyan D. and Hongyan D. guilty of illegal hunting of endangered wildlife according to criminal law Art. 341 I, Yubin Z., Guangyan D., Hongyan D. and Guoping J. guilty of illegal purchase, sale and transportation of endangered wildlife products according to criminal law Art. 341 I, and Yubin Z. guilty of illegal manufacture of guns according to criminal law Art. 125 I.
Appealed
No
Penalty
Yubin Z. was sentenced to 7 years in prison and fined 13,000 yuan. Guangyan D. was sentenced to 3 years and 6 months and fined 10,000 yuan. Hongyan D. was sentenced to 1 year in prison and fined 3,000 yuan. Guoping J. was sentenced to 1 years’ imprisonment, 2 years’ probation, and a fine of 3,000 yuan. The crime involved items were confiscated.
Court cases cited
Based on the decision of first instance: (2018) Hei 0109, No.328 first instance, which was sent back by (2019) Hei 01, No.20 for retrial.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife