Since 2015, Shuwen Z. had used his illegally held guns and other tools to illegally hunt 5 pheasants, 3 impalas, 1 iguana and tufted deer in Baoxing County. On March 27, 2017, Shuwen Z. and Hai Z. met to hunt wild animals, they drove to Huakai Lingou, Baoxing County, parked their vehicles on the roadside, and entered the forest and shoot 3 pheasants. On February 2, 2017, Hai Z., Yongzhi L. found a wild animal and killed it with stones. After Shuwen Z. bought nail-shooters in 2015 and Hai Z. bought them in 2016, they were illegally converted them into guns that used gunpowder to launch projectiles. On March 28, 2017, after hunting wild animals with modified non-standard guns, the two were caught on the spot on the way back. Shuwen Z., Hai Z. confessed to having illegally possessed of firearms and having illegally hunted and killed threatened and endangered wildlife species, Yongzhi L. confessed to having illegally hunted and killed threatened and endangered wildlife species.
The defendants Shuwen Z., Hai Z., Yongzhi L. charged felony counts of illegally hunting and killing threatened and endangered wildlife and illegally possessing and hiding guns and ammunition (appellate case)
Country
Type of court
Seat of court
Chengdu
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2018) Chuan, No.322 final instance
Charges
Shuwen Z., Hai Z., Yongzhi L. were charged with illegal hunting and killing threatened and endangered wildlife species, Shuwen Z., Hai Z. were charged with illegally possessing firearms.
Species
Money value
Although not stated, the financial resources of it is around 60,000 RMB.
Transnational
No
Decision
The court found the defendants Shuwen Z., Hai Z. guilty of illegal possession of firearms according to criminal law Art. 128 I and Shuwen Z., Hai Z., Yongzhi L. guilty of illegal hunting and killing of endangered wildlife species according to criminal law Art. 341 I.
Appealed
No
Penalty
Shuwen Z. was sentenced to 10 years and 6 months in prison and a fine of RMB 30,000. Hai Z. was sentenced to 3 years and 6 months in prison and a fine of RMB 10,000. Yongzhi L. was sentenced to 1 years in prison, 2 years’ probation and a fine of RMB 5,000. The appellate court upheld this decision. All crime involved items confiscated.
Court cases cited
Based on the decision of first instance: (2018) Chuan 18, No.2 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife