The defendants Faguo D., Fatian D. and others charged felony counts of illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products (appellate case)

Country
Territorial subdivision
Type of court
Seat of court
Chongqing
Court jurisdiction
Date of opinion
2018
Abstract

In October of the lunar calendar in 2014, Yibing H. purchased a dead body of black bear from others, and then commissioned Fatian D. to sell it. In the first half of 2016, Faguo D. and Fatian D. negotiated to do a wildlife business together. Fatian D. was responsible for purchase and sale. Faguo D. was responsible for receiving, storing, processing, and shipping. They borrowed Dumou 1's stores and warehouses to store the purchased wild animals. From May to November 2016, Shiwei Z. successively purchased three black bears from others and sold them to Fatian D. and Faguo D. On January 11, 2017, the Forest Public Security Bureau of Wuxi County seized 15 bear legs, 3 bear heads, 5 bear galls, 46.65 kg bear meat, 6.6 kg bear oil and other dead bodies of wild animals from Dumou 1’s stores and warehouses. On January 20, 2017, the Forest Public Security Bureau of Wuxi County seized a bear whip, 1.08 kg of bear bones, 7 kg of bear oil and other dead bodies of wild animals from Yibing H.'s house. After identification, the seized items originated from the black bear under second class state protection, with a total value of RMB 80,160. Faguo D. and Fatian D. confessed to having illegally purchased rare and endangered wild animals. Shiwei Z. confessed to having illegally purchased, transported and sold rare and endangered wild animals. Yibing H. confessed to having illegally purchased and transported rare and endangered wild animals.

Language of document
Chinese
Reference number
(2018) Yu 02, No.1 final instance
Charges
Faguo D., Fatian D., Shiwei Z. and Yibing H. charged with illegally purchasing, transporting or selling rare and endangered wild animals.
Money value
80,160 RMB
Transnational
No
Decision
The court found the defendants Faguo D., Fatian D., Shiwei Z. and Yibing H. guilty of illegal purchase, transportation or sale of rare and endangered wild animals according to criminal law Art. 341 I.
Appealed
No
Penalty
Shiwei Z. was sentenced to 3 years and 6 months in prison and a fine of RMB 120,000. Fatian D. was sentenced to 5 years in prison and a fine of RMB 120,000. Yibing H. was sentenced to 1 year and 6 months in prison and a fine of RMB 20,000. Faguo D. was sentenced to 4 years and 6 months in prison and a fine of RMB 120,000. Shiwei Z. 's illegal income of 38,000 yuan was recovered and turned over to the State Treasury. The criminal items seized on the case were confiscated and destroyed.
Court cases cited
Based on the decision of first instance: (2017) Yu 0101, No. 1192 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife