From 2009 to July 2015, without obtaining the license issued by the wildlife management department, Zhaofeng C., together with Baocai Y. and Wang, illegally purchased rare and endangered wild animals and their products, such as pangolins, monitor lizards and bear paws, from Jianping L., Chunhua L. and others. And they sold them to Haiguang X., Xiaoyun Z., Jianjun R., Zijun Z. and others. During this period, Xijiao W. and Tanjun Z. knew that the goods were rare and endangered wild animals and their products, and they still helped transport them. Zhaofeng C. illegally traded more than 80 animal monitor lizards under first-class state protection, more than pangolins under second-class state protection, more than 100 owls and bear paws and other wild animals products. Zhaofeng C., Jianjun R., Linyuan J., Wanhong W., Yongsheng W., Sihui X., Haiguang X. and Xiaoyun Z. confessed to having illegally purchased, transported and sold rare and endangered wild animals and their manufactured products. Jianping L., Pengyu J., Quangen D., Baocai Y., Xiantao W., Xirui S., Tonghui T., Xihai C., Zuanjin C., Xijun K. confessed to having illegally purchased and sold rare and endangered wild animals and their manufactured products. Jianbing W., Zijun Z., Liangshu L., Daliang C., Lingwei Q, Shaowei Y., Anan G. confessed to having illegally purchased rare and endangered wild animals and their manufactured products. Chunhua L. confessed to having illegally transported and sold rare and endangered wild animals and their manufactured products. Fushun Y., Tanjun Z. and Xijiao W. confessed to having illegally transported rare and endangered wild animals and their manufactured products. Yongfu W. confessed to having illegally purchased and transported rare and endangered wild animals and their manufactured products.
The defendants Zhaofeng C., Xiaoyun Z., Jianping L. and others charged with 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
Shaoxing
Court jurisdiction
Date of opinion
2017
Abstract
Language of document
Chinese
Reference number
(2016) Zhe 06, No.162 final instance
Charges
Zhaofeng C., Jianjun R., Jianping L., Linyuan J., Wanhong W., Yongsheng W., Sihui X., Jianbing W., Pengyu J., Zijun Z., Yongfu W., Haiguang X., Baocai Y., Xiantao W., Xirui S., Xiaoyun Z., Chunhua L., Fushun Y., Quangen D., Liangshu L., Tonghui T., Xihai C., Daliang C., Zuanjin C., Lingwei Q., Shaowei Y., Anan G., Xijun K, Tanjun Z. and Xijiao W. charged with illegally purchasing, transporting or selling rare and endangered wild animals and their manufactured products.
Money value
More than 1,000,000 RMB.
Transnational
No
Decision
The court found the defendants Zhaofeng C., Jianjun R., Jianping L., Linyuan J., Wanhong W., Yongsheng W., Sihui X., Jianbing W., Pengyu J., Zijun Z., Yongfu W., Haiguang X., Baocai Y., Xiantao W., Xirui S., Xiaoyun Z., Chunhua L., Fushun Y., Quangen D., Liangshu L., Tonghui T., Xihai C., Daliang C., Zuanjin C., Lingwei Q., Shaowei Y., Anan G., Xijun K, Tanjun Z. and Xijiao W. guilty of illegally purchase, transportation or sale of rare and endangered wild animals and their manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Zhaofeng C. was sentenced to 10 years and 6 months in prison and a fine of RMB 100,000. Jianjun R. was sentenced to 12 years and 9 months in prison and a fine of RMB 50,000. Xiaoyun Z. was sentenced to 9 years in prison and a fine of RMB 50,000. Jianping L. was sentenced to 12 years and 3 months in prison and a fine of RMB 45,000. Linyuan J. was sentenced to 12 years in prison and a fine of RMB 45,000. Wanhong W. was sentenced to 11 years and 9 months in prison and a fine of RMB 45,000. Yongsheng W. was sentenced to 10 years in prison and a fine of RMB 20,000. Sihui X. was sentenced to 11 years in prison and a fine of RMB 40,000. Jianbing W. was sentenced to 11 years in prison and a fine of RMB 40,000. Pengyu J. was sentenced to 12 years in prison and a fine of RMB 45,000. Chunhua L. was sentenced to 5 years and 6 months in prison and a fine of RMB 20,000. Fushun Y. was sentenced to two years in prison, suspended for three years, and a fine of RMB 10,000. Zijun Z. was sentenced to 10 years and 9 months in prison and a fine of RMB 20,000; simultaneously punished with the previous crimes, decided to carry out imprisonment for 11 years, and fined RMB 20,000. Yongfu W. was sentenced to 10 years and 3 months in prison and a fine of RMB 20,000. Quangen D. was sentenced to 10 years and 2 months in prison and a fine of RMB 20,000. Liangshu L. was sentenced to 10 years in prison and a fine of RMB 20,000. Haiguang X. was sentenced to 10 years and 2 months in prison and a fine of RMB 20,000. Baocai Y. was sentenced to 5 years in prison and a fine of RMB 10,000. Tonghui T. was sentenced to 5 years and 6 months in prison and a fine of RMB 15,000. Xiantao W. was sentenced to 6 years in prison and a fine of RMB 15,000. Xihai C. was sentenced to 3 years in prison, suspended for 4 years, and a fine of RMB 7,000. Daliang C. was sentenced to 2 years and 6 months in prison, suspended for 3 years, and a fine of RMB 5,000. Zuanjin C. was sentenced to 2 years and 9 months in prison, suspended for 3 years and 6 months, and a fine of RMB 7,000. Lingwei Q was sentenced to 2 years in prison, suspended for 3 years, and a fine of RMB 5,000. Shaowei Y. was sentenced to 2 years in prison, suspended for 3 years, and a fine of RMB 5,000. Anan G. was sentenced to 1 year and 6 months in prison, suspended for 2 years, and a fine of RMB 3,000. Xijun K. was sentenced to 1 year and 9 months in prison, suspended for 2 years and 3 months, and a fine of RMB 3,000. Tanjun Z. was sentenced to 1 year and 6 months in prison, suspended for 2 years, and a fine of RMB 2,000. Xirui S. was sentenced to 3 years in prison, suspended for 3 years and 6 months, and fined 8,000 yuan. Xijiao W. was sentenced to 8 months in prison, suspended for 1 year, and a fine of RMB 2,000. The seized rare and endangered wild animals products shall be confiscated according to law and handled by the seizure authority; the seized cell phone, BMW car, Passat car, computer host, hard disk recorder, bank cards, passbook shall be returned to the property owner by the seizure authority. Xihai C., Zuanjin C. and Xijun K. paid RMB 18572, RMB 40,000 and RMB 48565 respectively to the Zhuji City Public Security Bureau, which were confiscated as illegal incomes and handed over to the state treasury; Dadao C., Lingwei Q., Shaowei Y. and Anan G. paid RMB 43,435, RMB 40,000, RMB 21,000, and RMB 20,000 respectively to the Zhuji City Public Security Bureau, which were returned to the corresponding defendant.
Court cases cited
Based on the decision of first instance: (2016) Zhe 0681, No.980 first instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis