In December 2017, a wild animal ran into the defendant Xia Zhihong's house. Xia Zhihong and Zhou Jianghong chased the animal and met the defendants Chen Xiu and Xie Changming who had just left work. The four people came to Anji Fuyuan Aquatic Professional Cooperation. The last four defendants found wild animals that had been chased by the wall of the aquaculture area and circulated from several directions. When the animal ran to the Zhoujiang Red Office, Zhou Jianghong held A wooden stick struck its head and the animal was killed on the spot. The four defendants transported the killed animal back to the yard rented by Zhou Jianghong and Chen Xiu. Xia Zhihong called his brother to remove the animal and divide it for Xia Zhihong, Zhou Jianghong, Xie Changming and others. Zhihong X., Jianghong Z., Changming X. And Xiu C. confessed to having illegally catched or killed precious and endangered species of wildlife.
The defendants Zhihong X., Jianghong Z. And Changming X. charged felony counts of illegally catching or killing precious and endangered species of wildlife (appellate case)
Country
Type of court
Seat of court
Huzhou
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
Chinese
Reference number
(2019) Zhe 05, Criminal Final No.49 instance
Charges
Zhihong X., Jianghong Z., Changming X. And Xiu C. were charged with illegally catching or killing precious and endangered species of wildlife.
Species
Money value
Although not stated, the financial resources of this criminal group is around 15,000 RMB.
Transnational
No
Decision
Zhihong X., Jianghong Z., Changming X. And Xiu C. The court found the defendant Ming G. guilty of illegally catching or killing precious and endangered species of wildlife and hunting wildlife according to criminal law Art. 341ⅠII. The court found the defendant Jianfeng H. guilty of illegally catching or killing precious and endangered species of wildlife according to criminal law Art. 341 I and II.
Appealed
No
Penalty
Zhihong X. was sentenced to 5 years and 2 months in prison and a fine of RMB 2,000; Jianghong Z. was sentenced to 5 years and 2 months in prison and a fine of RMB 2,000; Changming X. was sentenced to 3 years with a suspension of 4 years in prison and a fine of RMB 2,000; Xiu C. was sentenced to 2 years with a suspension of 3 years in prison and a fine of RMB 1,000; The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Zhe 0523, Criminal First No.516 instance
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife