Since 2017, without obtaining a business license, Zimao L. had repeatedly sold rhino horn products and ivory products to WeChat friends through WeChat. On January 16, 2018, the police of Dongxing City Public Security Bureau seized him at Shengxuan Business Office, 72 Xinhua Road, Dongxing City, Guangxi, operated by Zimao L., and found a suspected rhino horn (net weight 489.2 grams) and one suspected ivory (net weight 5.12 kg), 4 suspected ivory products (net weight 23.3 g, 16.3 g, 29.2 g, 11.4 g, respectively) from the store. After identification, the suspected rhino horn was rhino horn products, the suspected ivory products were all ivory products. Rhinoceros and African elephants were under Appendix I of CITES, and Asian elephants was under first class state protection. After the valuation by the price department, the total value of the items involved was RMB341,168. Zimao L. confessed to having illegally sold rare and endangered wild animals’ manufactured products.
Country
Territorial subdivision
Type of court
Seat of court
Fangchenggang
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Gui 06, No.55 final instance
Charges
Zimao L. charged with illegally selling rare and endangered wild animals’ manufactured products.
Species
Money value
341,168 RMB
Transnational
No
Decision
The court found the defendant Zimao L. guilty of illegal sale of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Zimao L. was sentenced to 5 years and 6 months in prison with a fine of RMB 100,000. A golden Apple 6 PLUS mobile phone transferred with the case shall be confiscated according to law.
Court cases cited
Based on the decision of first instance: (2018) Gui 0681, No.221 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife
Text and analysis