On February 28, 2014, Luo Jianzhi and Li Silong loaded the cargo ship at Qingsheng Terminal in Thailand and drove to Guanli Port in China. On March 7, 2014, the "Jiazhi" cargo ship entered China's Guanle Por. On March 12, Xishuangbanna customs supervision officers inspected the "Jiazhi" cargo ship. On the spot, two ivory products that had not been declared smuggled to the customs were found, with a net weight of 5181 grams and a seahorse product with a net weight of 40,500 grams. The bird's nest has a net weight of 16,847 grams. Customs transferred the case to the Xishuangbanna Customs Anti-smuggling Branch for investigation. On March 19 of the same year, the Xishuangbanna Customs Anti-smuggling Branch detained the defendants Luo Jianzhi and Li Silong in criminal detention.
The defendant Jianzhi L., Silong L. charged with felony counts of smuggling precious and rare species of wildlife as well as the products thereof (trial at second instance case, appellate case)
Country
Type of court
Seat of court
Kunming
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2016) Yun No. 1539 Criminal Final instance
Charges
Jianzhi L. and Silong L. were charged with smuggling precious and rare species of wildlife products.
Species
Transnational
Yes
Decision
According to the provisions of Articles 12, 20, and 21 of the "Implementation Regulations of the Customs Administrative Penalties of the People's Republic of China, the captain and first officer did not perform the report the act of truthfully declaring the goods carried, which does not constitute criminal liability.
Appealed
No
Penalty
1. Xishuangbanna Dai Autonomous Prefecture Intermediate People's Court of the of Yunnan Province (2016) Yun 28, No. 216 Criminal First instance Criminal Judgment was revoked.( (2016) Yun 28, No. 216 Criminal First instance: Defendant Jianzhi L. should be sentenced to a fixed-term imprisonment of seven (7) years in addition to a fine of CNY50,000 for smuggling precious and rare species of wildlife products; Defendant Silong L. should be sentenced to a fixed-term imprisonment of seven (7) years in addition to a fine of CNY50,000 for smuggling precious and rare species of wildlife products.) 2. The appellants Luo Jianzhi and Li Silong are innocent. The public security organ should recover the illegal gains of defendants and confiscated according to law.
Legislation cited
Criminal Procedure Law of the People's Republic of China
Import and Export Regulations of the People's Republic of China