Country
Type of court
Seat of court
Xinyang
Court jurisdiction
Date of opinion
2017
Abstract
In August 2012, the defendants Zhao S. and Shun S. operated the "Jinxingyuan Seafood" restaurant on Jianshe West Road in Xinyang City. The defendant Jibao Z. was the chef of the seafood restaurant. At 16:00 on November 12, 2012, at the entrance of the hotel, the restaurant used a musket to kill a crocodile purchased by Zhao S. and Shun S. for sale, and was seized by the Xinyang Forest Public Security Bureau. Zhao S. and Shun S. confessed to have illegally purchasing endangered wildlife, and Jibao Z. confessed to have illegally hunted and killed endangered wildlife.
Language of document
Chinese
Reference number
(2017) Yu 15, No.185 final instance
Charges
The defendants Zhao S. and Shun S. charged with illegally purchasing endangered wildlife, Jibao Z. was charged with illegally hunting and killing endangered wildlife.
Species
Money value
Although not stated, the financial resources of it is around 50,000 RMB.
Transnational
No
Decision
The court found the defendants Zhao S., Shun S. and Jibao Z. guilty of illegal purchase, hunting and killing of endangered wildlife according to criminal law Art. 341 I.
Appealed
No
Penalty
Zhao S. was sentenced to three years ’imprisonment, four years’ probation and a fine of 10,000 yuan. Shun S. was sentenced to three years ’imprisonment, four years’ probation and a fine of 10,000 yuan. Jibao Z. was sentenced to two years ’imprisonment, three years’ probation and a fine of 3,000 yuan. All crime involved items were confiscated. The appellate court upheld this decision.
Court cases cited
(2014) Shi, No.4 first instance, which was sent back for retrial.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis