At the end of December 2017, Jianghui Y. sold 6 antelope horns to Huang at a price of 9090 yuan. On February 4, 2018, Yutao G. and Xingjuan W. sold three suspected bear galls to Jianghui Y. at a price of 1800 yuan each, and later Jianghui Y. sold them to Huang. After identification, two of them were bear galls. On February 6, 2018, Yutao G. and Xingjuan W. sold a suspected bear gall to Jianghui Y. for 1,666 yuan, and later Jianghui Y. sold it to Changchang R. for 2,000 yuan. After identification, it was bear gall. On January 24, 2018, Changchang R. sold 58 antelope horns to Suijuan W. and her husband Yu at a price of 1,650 yuan per piece and a total price of 95,700 yuan. From March 2017 to February 2018, Suijuan W. and Yu sold 18 antelope horns to many people for a total price of 30,800 yuan. On February 8, 2018, Changchang R. was arrested by public security personnel in Ruian City and seized 1 suspected bear gall and 14 suspected antelope horns. After identification, the 14 horns were saiga horns. Changchang R., Jianghui Y., Xingjuan W., Suijuan W. and Yutao G. confessed to having illegally purchased and sold rare and endangered wildlife animals’ manufactured products.
The defendants Changchang R, Jianghui Y., Xingjuan W., etc. charged felony counts of illegally purchasing, transporting and selling rare and endangered wild animals and their manufactured products (appellate case)
Country
Territorial subdivision
Type of court
Seat of court
Wenzhou
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Zhe 03, No.1716 final instance
Charges
Changchang R., Jianghui Y., Xingjuan W., Suijuan W. and Yutao G. charged with illegally purchasing and selling rare and endangered wildlife animals’ manufactured products.
Species
Money value
Although not stated, the financial resources of this criminal group is around 13,000 RMB.
Transnational
No
Decision
The court found the defendants Changchang R., Jianghui Y., Xingjuan W., Suijuan W. and Yutao G. guilty of illegal purchase and sale of rare and endangered wildlife animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Changchang R. was sentenced to two years and six months in prison with a fine of RMB 15,000. Suijuan W. was sentenced to two years in prison with a fine of RMB 12,000. Yutao G. was sentenced to one year and nine months in prison, and fined RMB 8,000. Xingjuan W. was sentenced to one year and nine months in prison, suspended for two years and six months, and fined RMB 8,000. Jianghui Y. was sentenced to one year and three months in prison, suspended for one year and six months, and fined 8,000 yuan. The relevant animal products seized at the public security organs and the criminal tools transferred with the case were confiscated, and the mobile phone was handed over to the state treasury; the total illegal proceeds the defendants withdrew totalled RMB 140,966, all of which were confiscated and turned over to the State Treasury. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance:(2018) Zhe 0381, No.1321 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife