On October 4, 2017, Jun L. returned from Kenya by KQ886 flight and entered through the Guangzhou Baiyun Airport port. He concealed the disguised four small pieces of rhino horn slices in the black wooden head, and placed it in the suitcase for consignment. From October 8 to October 16, 2017, Jun L. contacted Hongsen W. through WeChat to help sell rhino horn slices. If the transaction was successful, a benefit fee will be given to Hongsen W. At 10 o'clock on October 16, 2017, Jun L. went to the room No. 1711 of Jianguo Hotel in Xintiandi with the smuggled rhino horn, preparing to conduct a transaction. Peiqiang L. was not satisfied with the quality of rhino horn and they did not reach a deal. After identification, the rhino horn slices seized were all owned by the white rhinoceros, which was under Appendix II of CITES; the total value was RMB 282,140. From May 2017 to July 2017, Hongsen W. published posted sale information through WeChat Moments, illegally selling rhino horn and ivory products to others, with a total value of RMB 18,015. Jun L. and Hongsen W. confessed to having illegally sold rare and endangered wild animals’ manufactured products. Peiqiang L. confessed to having illegally purchased rare and endangered wild animals’ manufactured products.
The defendants Hongsen W. and Peiqiang L. charged felony counts of smuggling rare wild animals whose import and export are prohibited by the state or products made thereof, 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
Jiujiang
Court jurisdiction
Date of opinion
2018
Abstract
Language of document
Chinese
Reference number
(2018) Gan 04, No.457 final instance
Charges
Jun L. charged with smuggling products made of rare wild animals and illegally selling rare and endangered wild animals’ manufactured products; Hongsen W. charged with illegally selling rare and endangered wild animals’ manufactured products; Peiqiang L. charged with illegally purchasing rare and endangered wild animals’ manufactured products.
Species
Money value
300,155 RMB
Transnational
Yes
Decision
The court found the defendants Jun L., Hongsen W. and Peiqiang L. guilty of illegal purchase or sale of rare and endangered wild animals’ manufactured products according to criminal law Art. 341 I.
Appealed
No
Penalty
Peiqiang L. was sentenced to 3 years in prison, suspended for 5 years, and fined RMB 80,000. Jun L. was sentenced to six years and six months in prison, and fined RMB 100,000. Hongsen W. was sentenced to five years in prison, and fined RMB 80,000. The rare and endangered wild animals' manufactured products and mobile phones used for crimes seized by public security organs according to law were confiscated and handled by public security organs. The appellate court upheld this decision.
Court cases cited
Based on the decision of first instance: (2018) Gan 0402, No.175 first instance.
Legislation cited
Directory of the People's Republic of China on Special State Protection of Wildlife