In July 2015, Mengyi Q. entrusted Ping S. to handle the customs declaration of importing 24 tons of scallops and 2 tons of snail meat from the Philippines. Ping S. entrusted it to Guofeng W. They agreed that all declarations were made according to the name of scallops, and a customs clearance fee was RMB 51,000. At the same time, it is agreed to hide 2 tons of snail meat in the middle of the container to avoid customs supervision. On September 1, 2015, Guofeng W. declared import of 25,800 kilograms of shell material (mirror shellfish) from the Philippines in the Jinjiang Land Port under the name of Xiamen Jinmouyuan Import and Export Co., Ltd. After inspected by the customs, 4150.5 kg of suspected turtle products were found. After identification, the suspected turtle products belonged to the green turtles in Appendix I of CITES.
The defendants Mengyi Q., Guofeng W. charged felony counts of smuggling threatened and endangered wildlife species (appellate case)
Country
Type of court
Seat of court
Xiamen
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2017) Min, No.125 final instance
Charges
Mengyi Q., Guofeng W., Ping S. were charged with smuggling threatened and endangered wildlife species.
Species
Money value
1,461,600 RMB
Transnational
Yes
Decision
The court found the defendants Mengyi Q., Guofeng W., Ping S. guilty of smuggling of endangered wildlife species according to criminal law Art. 151 II.
Appealed
No
Penalty
Mengyi Q. was sentenced to 10 years in prison, and a fine of RMB 100,000. Guofeng W. was sentenced to 6 years in prison, and a fine of RMB 60,000. Ping S. was sentenced to 5 years in prison, and a fine of RMB 50,000. All crime involved items confiscated.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife