From January 2009 to January 2016, in order to reduce operating costs, Dongsheng Ltd. purchased python skins and eggs from Vietnam, Malaysia and other places , and declared low-report prices to Guangxi Pingxiang Customs and Haikou Meilan Airport. From April 2009 to April 2015, Dongsheng Ltd. smuggled python and python products, crocodile skin and others from Vietnam and Thailand for profit without obtaining the Import and Export Certificate. At the end of 2014, when Wenhan S. was working as a tour guide in Thailand, he met Nanli L.(handled separately), who opened a tour company in Thailand . On March 16, 2015, Wenhan S.'s younger brother, Qingyun W., introduced Wenhan S. to Qingyun W. From March 16 to July 3, Wenhan S. assisted Qingyun W. to contact Nanli L. and paid 10 sums of money from the country for a total of 1.4 million yuan to Thailand, knowing that Qingyun W. had no relevant trade documents. Dongsheng Ltd., Mingdong L., Fuchao X., Shaojian C. and Shijiang L. confessed to having smuggled endangered species and products, and smuggled ordinary goods. Jimin J., Hai L. and Hao C. confessed to having smuggled endangered wildlife products, and smuggled ordinary goods. Qingyun W. confessed to having smuggled endangered species and products. Tingzhao Z. confessed to having smuggled endangered wildlife products. Liang X. confessed to having smuggled ordinary goods.
Country
Type of court
Seat of court
Haikou
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Qiong, No.17 final instance
Charges
Dongsheng Ltd., Mingdong L., Fuchao X., Shaojian C. and Shijiang L. charged with smuggling endangered species and products, and smuggling ordinary goods. Jimin J., Hai L. and Hao C. charged with smuggling endangered wildlife products, and smuggling ordinary goods. Qingyun W. charged with smuggling endangered species and products. Tingzhao Z. charged with smuggling endangered wildlife products. Liang X. charged with smuggling ordinary goods. Wenhan S. charged with illegal business.
Species
Transnational
Yes
Decision
The court found the defendants Dongsheng Ltd., Mingdong L., Fuchao X., Shaojian C. and Shijiang L. Jimin J., Hai L., Hao C. and Liang X. guilty of smuggling of endangered species and products according to criminal law Art. 151 II. Dongsheng Ltd., Mingdong L., Fuchao X., Shaojian C., Shijiang L., Jimin J., Hai L., Hao C. and Liang X. guilty of smuggling of ordinary goods according to criminal law Art. 153.
Appealed
No
Penalty
Dongsheng Ltd. was convicted of smuggling endangered wildlife and products and was fined RMB 50 million; convicted of smuggling ordinary goods and was fined RMB 6.4 million. Executing a fine of RMB 56.4 million. Mingdong L. was convicted of smuggling endangered wildlife and products, sentenced to 11 years in prison, deprived of political rights for 2 years, and confiscated RMB 2 million in property; convicted of smuggling ordinary goods, sentenced to 10 years and 6 months in prison, deprived of politics rights for 1 year. Executing imprisonment for 13 years, deprivation of political rights for 3 years, and confiscation of RMB 2 million. Fuchao X. was convicted of smuggling endangered wildlife and products, sentenced to 10 years and 3 months in prison, deprived of political rights for 1 year, and confiscated RMB 1 million in property; convicted of smuggling ordinary goods, sentenced to 10 years in prison, and deprived of political rights for 1 year. Executing imprisonment for 12 years and confiscation of RMB 1 million. Jimin J. was convicted of smuggling endangered wildlife products, sentenced to 10 years in prison, deprived of political rights for 1 year, and confiscated RMB 800,000 in property; convicted of smuggling ordinary goods, sentenced to 6 years in prison. Executing imprisonment for 11 years and 6 months, deprivation of political rights for 1 year, and confiscation of property of 800,000 yuan. Qingyun W. was sentenced to 10 years and 6 months in prison and confiscated RMB 1 million in property. Hai L. was convicted of smuggling endangered wildlife products, sentenced to 5 years and 6 months in prison with a fine of RMB 300,000; convicted of smuggling ordinary goods, sentenced to 4 years. Executing imprisonment for 6 years and 6 months, and a fine of 300,000 yuan. Hao C. was convicted of smuggling endangered wildlife products, sentenced to 5 years and 3 months in prison with a fine of RMB 200,000; convicted of smuggling ordinary goods, sentenced to 4 years and 6 months. Executing imprisonment for 6 years, and a fine of 200,000 yuan. Liang X. was sentenced to 3 years in prison and suspended for 5 years. Shaojian C. was convicted of smuggling endangered wildlife products, sentenced to 6 years in prison with a fine of RMB 300,000; convicted of smuggling ordinary goods, sentenced to 3 years and 6 months. Executing imprisonment for 6 years and 6 months, and a fine of 300,000 yuan. Shijiang L. was convicted of smuggling endangered wildlife products, sentenced to 5 years and 6 months in prison with a fine of RMB 250,000; convicted of smuggling ordinary goods, sentenced to 5 years. Executing imprisonment for 6 years, and a fine of 250,000 yuan. Tingzhao Z. was sentenced to 5 years and 3 months in prison with a fine of RMB 200,000. Wenhan S. was not guilty. All crime involved items wer confiscated. The personal property and fruits of the defendants in the case shall be seized and frozen, and they shall be recovered according to law and be used as a fine.
Court cases cited
Based on the decisions of first instance: (2016) Qiong 01, No.127 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis