The defendants Jin L. and Leiming W. and Guozhen J. charged felony counts of smuggling threatened and endangered species and products (appellate case)

Country
Seat of court
Kunming
Court jurisdiction
Date of opinion
2020
Abstract

At 12:30 on October 24, 2018, Jin L. drove the international shuttle from Laos through the Mohan Port of Mengla Customs. The inspectors seized a total of 476.16 grams of ivory products and a total of 40.51 grams of rhino horn from the sleeper interlayer. After further investigation, Jin L. smuggled in endangered wildlife products many times in the same way from March 24, 2018 to January 13, 2019. After entering the country, Jin L. handed over the items to Leiming W. and Xiaoling L., and they sent the products to 61 cities including Hebei, Shandong, Guangzhou, and Jiangxi by express. Jin L., Leiming W. and Xiaoling L. confessed to having smuggled wildlife products.

Language of document
Chinese
Reference number
(2020) Yun, No.275 final instance
Charges
The defendants Jin L., Leiming W. and Xiaoling L. charged with smuggling threatened and endangered wildlife products.
Money value
218,395 RMB.
Transnational
Yes
Decision
The court found the defendants Jin L., Leiming W. and Xiaoling L. guilty of smuggling of wildlife products according to criminal law Art. 151 II.
Appealed
Yes
Penalty
Jin L. committed the crime of smuggling endangered wildlife products and was sentenced to 5 years imprisonment with a fine of 150,000 yuan. Leiming W. was sentenced to 1 year's imprisonment, suspended for 3 years and a fine of 30,000 yuan. Xiaoling L. was sentenced to 1 year in prison, suspended for 2 years, and fined 20,000 yuan All crime involved items confiscated. The appellate court upheld this decision.
Court cases cited
Based on the decisions of first instance: (2019) Yun 28, No.218 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife