On February 24th this year, the National People’s Congress Standing Committee (NPCSC) deliberated and passed the Decision on Completely Banning Illegal Wildlife Trade, Eliminating the Bad Habit of Eating Wild Animals, and Effectively Safeguarding People’s Life, Health and Safety, which is of great significance for winning the war of preventing and controlling epidemic situation, safeguarding people’s life, health and safety, raising all social members’ awareness of ecological protection and public health and safety, promoting the construction of ecological civilization, and promoting the harmonious coexistence between man and nature.
Wild animals are an important part of biodiversity and natural ecosystem, and play an irreplaceable role in maintaining ecological balance and ensuring human living environment. In order to increase the publicity of wildlife criminal judicial protection and guide the public to enhance their awareness of wildlife protection, the Jiangxi High Court selected 10 cases of wildlife-related crimes that have taken effect since 2019, and now they are released.
01
Defendant Yu Moumou illegally hunted and killed precious and endangered wild animals.
[Basic case]
From April to June, 2019, the defendant Yu Moumou hunted seven muntjac, one South China rabbit, one wild boar and two tiger frogs with tools such as traps and sticks, which were mostly used for food. After identification, the tiger frog captured by the defendant Yu Moumou belongs to the national second-class key protected wild animals, and the remaining species such as muntjac are included in the List of Terrestrial Wild Animals that are beneficial to national protection or have important economic and scientific research value. According to the expert’s assessment, the direct economic loss of the hunted wild animals is 21,780 yuan, and the ecological restoration of wild animals can be replaced by artificial restoration in the wild. The cost of ecological resources restoration is 108,285 yuan, totaling 130,065 yuan.
[Judgment result]
The Taihe County People’s Court held that the defendant Yu’s hunting and killing of tiger frog, a precious wild animal under special state protection, violated the state’s key protection system for precious and endangered wild animal resources. At the same time, he violated the hunting laws and regulations and used prohibited tools to hunt during the hunting ban period, destroying wild animal resources, and the circumstances were serious. Yu Moumou has surrendered himself, pleaded guilty and was a first-time offender. The people’s procuratorate of Taihe County, the plaintiff of incidental civil public interest litigation, demanded that the defendant be ordered to compensate for direct economic losses and ecological restoration costs of 130,065 yuan and expert consultation fees of 6,000 yuan. The evidence submitted can be confirmed and well-founded in law. Judgment: The defendant Yu Moumou was convicted of illegal hunting and killing of precious and endangered wild animals, sentenced to six months in prison and fined RMB 10,000. He was sentenced to 10 months in prison for the crime of illegal hunting, decided to execute a fixed-term imprisonment of one year and two months, and fined 10,000 yuan; Compensation for direct economic losses of national wildlife resources and ecological resources restoration costs totaled 130,065 yuan; Undertake the expert consultation fee of 6000 yuan; Make a public apology in Ji ‘an municipal news media within ten days after the judgment takes effect.
[Typical meaning]
This case is a case of illegal hunting and killing of precious and endangered wild animals and criminal incidental civil public interest litigation of illegal hunting. The judgment of this case not only embodies the basic value orientation of severely punishing environmental resources crimes, but also highlights the independent position of environmental law interests, and embodies the criminal policy of combining leniency with severity, giving full play to the deterrent and educational functions of criminal law. Not only the criminal responsibility of the defendant for killing wild animals was investigated, but also the civil compensation responsibility of the defendant for the losses caused by his criminal behavior to the national wildlife resources, so as to remind people to love wild animals, stay away from game and live in harmony with nature, which has typical educational significance for protecting wildlife resources and the environment.
02
Defendant Ye Moumou illegally hunted and killed precious and endangered wild animals.
[Basic case]
Around April 2019, in order to prevent wild birds from eating their farmed loach, the defendant Ye Moumou set up five bird nets at his lobster and loach farm at the foot of the "Wenshanwu" mountain farm in Henglu Village, Shuangtian Town, leping city. On May 15th, 2019, leping city Forest Public Security Bureau received a report from Liu, a volunteer of wildlife protection, and found 22 birds and wild animals being hunted at the scene. After identification, 22 wild birds were hunted, including one yellow-clawed falcon, one white-breasted jadeite, which belongs to the national second-class protected wild animals, and the other 20 wild birds were unable to identify the species and protection level. After supplementary appraisal, the value of yellow-claw falcon is RMB 15,000, and that of white-breasted jadeite is RMB 500 yuan. On May 16, 2019, the defendant Ye Moumou took the initiative to go to the leping city Forest Public Security Bureau to explain that he had placed a bird net at the foot of the "Wenshanwu" mountain in Henglu Village to catch birds.
The People’s Procuratorate of leping city, the prosecutor of incidental civil public interest litigation, held that the defendant Ye’s behavior not only violated the criminal law, but also violated the provisions of the Wildlife Protection Law, which destroyed the ecological environment and harmed the public interest, and requested that Ye be ordered to compensate for the loss of wildlife resources of 16,000 yuan and apologize in the municipal public media.
[Judgment result]
The leping city People’s Court held that the defendant Ye Moumou violated the state regulations on the management of rare and endangered wildlife resources, and set up a bird net around the fish pond to illegally hunt and kill the rare and endangered national second-class key protected animal, the yellow claw falcon, which constituted the crime of illegally hunting and killing rare and endangered wildlife. The defendant Ye Moumou’s illegal hunting and killing of precious and endangered wild animals destroyed the ecological environment, harmed the national interests and social public interests, and should bear corresponding civil liabilities. Judgment: The defendant Ye Moumou was convicted of illegally hunting and killing precious and endangered wild animals, sentenced to six months in prison, suspended for one year, and fined RMB 4,000; Compensate for the loss of national wildlife resources of 16,000 yuan and turn it over to the state treasury; Apologize to the municipal public media within one month from the effective date of the judgment.
[Typical meaning]
The Wildlife Protection Law stipulates that any organization or individual has the obligation to protect wild animals and their habitats. This case is a criminal case of illegal hunting and killing of precious and endangered wild animals in daily life and production. Although the defendant’s subjective purpose is not to eat or sell, his behavior of setting up bird nets objectively caused the loss of national wildlife resources, which reached the standard of criminal filing and prosecution and should be punished. At the same time, the defendant’s behavior harmed the public interest and should bear corresponding civil liability.
03
Defendant Dian Moumou illegally purchased and sold precious and endangered wild animals.
[Basic case]
On April 16, 2019, the defendant Dian Moumou bought six eagle wild animals from Cao Moumou (handled separately) at the price of 720 yuan/kg, and paid 12,880 yuan. Later, the tenant sold the six eagle wild animals illegally acquired by him to others at the price from 790 yuan to 800 yuan/kg (handled separately). On April 29, 2019, Zou Moumou was arrested by the Forest Public Security Bureau of Nancheng County, Fuzhou City. After identification, the six wild eagles illegally purchased and sold by Dian Moumou are all snake carvings, belonging to other eagles of Falconiformes and belonging to the national second-class key protected wild animals. Dian returned the illegal income of 13,700 yuan, and voluntarily signed the Pledge of Confession and Punishment.
[Judgment result]
The Nancheng County People’s Court held that the defendant Dian Moumou knew that eagle wild animals were rare and endangered wild animals under special state protection, but he still illegally purchased and sold them, which constituted the crime of illegally purchasing and selling rare and endangered wild animals. According to the corresponding quantitative standards listed in Article 3 of the Supreme People’s Court’s Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destroying Wild Animal Resources and the attached table, illegally purchasing and selling more than 6 falconidae (all species) was a "plot". After being arrested, Dian Moumou can truthfully confess all the crimes, voluntarily return the illegal income, voluntarily plead guilty and admit punishment, and perform well in repentance, and can be given a lighter punishment according to law. Judgment: The defendant, Dian Moumou, was convicted of illegally purchasing and selling precious and endangered wild animals, sentenced to five years in prison and fined 5,000 yuan; The returned illegal income of RMB 13,700 shall be confiscated and turned over to the state treasury.
[Typical meaning]
The act of purchasing wildlife protected by the state will constitute a crime and will be subject to criminal punishment. At the same time, through the trial of this case, it also warns the general public to protect wildlife resources and promote the harmonious coexistence between man and nature. In this case, the court determined the name and protection level of wild animals involved in the case according to the judicial expertise, and convicted and sentenced them according to the standards of judicial interpretation, which has certain reference significance for the trial of similar cases.
04
Defendant Jiang Moumou illegally hunted and killed precious wild animals and illegally hunted.
[Basic case]
In August 2018, the defendant Jiang bought electric cats and wires, installed electric cats in his home in Yantai Village, Jiangcun Township, Fuliang County, Jingdezhen City in September 2018, and set up wires in the "Mazhulong" mountain field behind his house. From September 10, 2018, plug in the power supply at 8 o’clock every night, hunt, and peel and dismember the hunted wild animals. On October 31, 2018, the police seized one electric cat and 10 bags of animal flesh in black plastic bags in Jiang’s home. Appraised by judicial authentication institutions, there is one black muntjac in the 10 bags of animal bodies, which belongs to the national first-class protected wild animals; There are 1 muntjac and 2 crested deer, which are key protected terrestrial wild animals in Jiangxi province.
[Judgment result]
The Fuliang County People’s Court held that the defendant Jiang Moumou used the banned tool electric cat to hunt three provincial-level key protected terrestrial wild animals in Jiangxi during the hunting ban, and his behavior constituted the crime of illegal hunting; During his illegal hunting, he captured a national first-class protected wild animal, and the circumstances were serious. His behavior also constituted the crime of illegally hunting and killing precious wild animals, and he should be punished for several crimes. In view of the fact that the defendant Jiang Moumou voluntarily surrendered himself after the incident and truthfully confessed his criminal facts, he surrendered himself and could be given a mitigated punishment according to law. Judgment: The defendant was convicted of illegal hunting and sentenced to 10 months in prison; He was convicted of illegally hunting and killing precious national wild animals, sentenced to three years in prison and fined 5,000 yuan. He decided to execute a fixed-term imprisonment of three years and six months and fined 5,000 yuan.
[Typical meaning]
In this case, the defendant is located in a mountainous area and has a weak legal consciousness. In order to eat, he illegally hunted and killed wild animals protected by the state and should be punished by law. It can be seen from this case that in order to protect wildlife resources, get rid of the bad habit of eating wild animals, and effectively protect people’s lives, health and safety, in addition to cracking down on crimes according to law, we must further strengthen publicity and education, so as to effectively improve the initiative and consciousness of all members of society to participate together.
05
Defendant Fang Moumou illegally hunted endangered wild animals.
[Basic case]
On July 28, 2018, the People’s Government of Wuning County, Jiujiang City issued a notice on the wildlife sanctuary and hunting ban period. Wuning County is a sanctuary and hunting ban period throughout the year, and the announcement is valid for 5 years. One day in January and February of 2017, the defendant Fang Moumou set up 13 pairs of snake nets to trap wild snakes on the hillside next to the "Meilong Reservoir" in Yangtian, Yangdu Village, Luoping Town. From May 6 to 22, 2019, the defendant Fang Moumou hunted 2 golden snakes, 3 zaocys and 2 Zhoushan cobras in his own fish pond and the pond of the Agricultural Institute of Yangdu Village, Luoping Town. Wuning County People’s Procuratorate filed a public prosecution with Wuning County People’s Court for Fang’s crime of illegal hunting and illegal hunting of endangered wild animals. After trial, the court sentenced the defendant Fang Moumou to the crime of illegally hunting endangered wild animals, sentenced him to eight months in prison and fined him RMB 5,000. He was convicted of illegal hunting and sentenced to five months in criminal detention; Combined punishment for several crimes, he decided to execute a fixed-term imprisonment of eight months and fined RMB 5,000.
The defendant Fang Moumou refused to accept the judgment of the first instance and appealed.
[Judgment result]
Jiujiang Intermediate People’s Court held that the appellant Fang Moumou ignored the national laws and hunted Zhoushan cobra, an endangered wild animal, and his behavior constituted the crime of illegally hunting endangered wild animals. Confessing the facts of the crime truthfully after being brought to justice is a confession, and if you plead guilty in court, you can be given a lighter punishment according to law. A hunted live king snake is released after being detained, and may be given a lighter punishment as appropriate. After Fang Moumou arrived at the case, he reported and exposed the criminal facts of Li Moumou and assisted in the capture of Li Moumou, which was a meritorious service and could be given a lighter or mitigated punishment according to law. Its illegal hunting took place before the government issued the notice of the wildlife sanctuary and the hunting ban period, and the number of illegally hunted wild animals did not reach more than 20. Therefore, the crime of illegal hunting identified in the first instance was wrong in law, and the second instance made a judgment on February 25, 2020: the judgment of the other party in the first instance was revoked, and Fang was convicted of illegally hunting endangered wild animals, sentenced to eight months in prison and fined RMB 5,000.
[Typical meaning]
At present, all parts of the country, especially Wuhan, Hubei Province, are suffering from the COVID-19 epidemic, which has seriously affected our normal production and life, and greatly threatened the lives, health and safety of the broad masses of people. The indiscriminate catching and indiscriminate eating of wild animals has once again sounded the alarm. The case was accepted and pronounced during the epidemic, and the court applied laws and regulations to convict and sentence in strict accordance with the law, which reflected the determination to crack down on wildlife-related crimes.
06
Defendant He Moumou illegally hunted precious and endangered wild animals.
[Basic case]
On April 18, 2019, the defendant He Moumou used a strong flashlight and a net bag to capture 16 wild frogs in his rice field in Longtan Village, Sixia Town, Shangyou County, Ganzhou City. After being reported by the masses, the police of Shangyou County Forest Public Security Bureau went to He Moumou’s home for investigation on April 19, 2019, and seized the above-mentioned frogs and crime tools hunted by He Moumou on the spot. After identification, the 16 wild frogs hunted by He Moumou are all tiger frogs, which are national second-class protected wild animals. After handling the case, the police released the tiger frog hunted by He Moumou in the wild according to law.
[Judgment result]
The Shangyou County People’s Court held that the defendant He Moumou violated the wildlife protection laws and regulations and illegally hunted 16 tiger frog, a national second-class protected wild animal, which constituted the crime of illegally hunting rare and endangered wild animals. He was sentenced to two months’ criminal detention, suspended for three months and fined RMB 1,000.
[Typical meaning]
Tiger frog, commonly known as "frog", is a national second-class protected animal. No one may illegally hunt or kill tiger frog or illegally buy, transport or sell tiger frog and its products, otherwise it will be punished by criminal law. Although the case is a small one, starting from these small cases that often happen around us, it can better warn people not to cross the "legal thunder pool" and let everyone know that the boundary of wildlife protection is not only endangered animals such as lions and tigers, but also some common wild animals in life that need to be protected.
07
Defendant Liu Moumou illegally purchased precious and endangered wildlife products.
[Basic case]
In April 2018, the defendant Liu bought three frozen dead pangolins from Qiu Moumou (handled separately) in Guangzhou City, Guangdong Province, one of which was processed by Liu Moumou for his daughter-in-law, one was seized by the investigation agency, and one was given by Liu Moumou to his brother-in-law Fan Moumou to stew Chinese medicine. It was identified that a suspected pangolin seized and detained by Xingguo County Forest Public Security Bureau in the garage rented by Liu was Chinese pangolin, which belongs to the national second-class key protected wild animal. On December 19, 2018, Liu’s relatives returned the purchase price of two pangolins eaten by Liu’s daughter-in-law and Fan’s son-in-law for RMB 9,100. After returning to justice, Liu confessed his crimes voluntarily and truthfully.
[Judgment result]
The Xingguo County People’s Court held that the defendant Liu had illegally purchased the national second-class protected animal Pangolin (dead body), and his behavior constituted the crime of illegally purchasing precious and endangered wildlife products. After being brought to justice, he can truthfully confess the main criminal facts, which is frank and can be given a lighter punishment according to law; If he is a first-time offender and voluntarily pleads guilty in court, he may be given a lighter punishment as appropriate. Considering Liu’s criminal facts and circumstances comprehensively, the defendant Liu was convicted of illegally purchasing precious and endangered wildlife products, sentenced to one year and three months in prison, suspended for two years, and fined RMB 25,000; A dead pangolin seized in the case shall be confiscated and destroyed by the seizure organ according to law.
[Typical meaning]
This case is about the purchase of wildlife products (dead bodies) protected by the state, which violates the law and leads to crime. The trial of this case will lead the public to realize that it is illegal to buy and sell precious and endangered wild animals, whether living or dead, for food. It is everyone’s responsibility to protect wild animals. Everyone consciously abides by laws and regulations and does not participate in hunting, trading and eating wild animals, which can effectively block the spread of wild animal viruses.
08
Defendant Tang Moumou illegally acquired precious wild animals.
[Basic case]
On September 12, 2019, the defendant Tang bought two birds and wild animals at the price of 25 yuan when he was shopping in Xuzhen, Jiahu Township, longnan county City, Ganzhou City, and prepared to take them home for his grandson to eat. In the later Tang Dynasty, a certain person took two birds and wild animals back to the county home by shuttle bus, and was caught passing through the quannan county section. Appraised by judicial authentication institutions: one of the two wild birds is silver pheasant, which is a national second-class protected wild animal; The other one is a night heron, which is a terrestrial wild animal that is beneficial or has important economic and scientific value under national protection.
[Judgment result]
The quannan county People’s Court held that the defendant Tang Moumou illegally purchased the national second-class protected wild animals for the purpose of eating, and his behavior constituted the crime of illegally purchasing precious wild animals. After being brought to justice, truthfully confessing the facts of the crime is frank and can be given a lighter punishment according to law; Voluntary signing of the "Pledge of Confession and Punishment" can be punished leniently according to law; Can actively pay fines, and can be given a lighter punishment according to law. The defendant, Tang Moumou, was sentenced to one year’s imprisonment, suspended for one year and six months, and fined RMB 3,000.
[Typical meaning]
At present, the bad habit of eating wild animals is still widespread in some places. Many people have a weak legal concept and think that wild animals have special effects. Although there are laws expressly prohibiting them, they should do the opposite, which has seriously damaged the environmental resources and ecological balance. Due to long-term illegal hunting, more and more animal species are facing survival crisis. The trial of this case, while cracking down on it according to law, aims to educate people to strengthen their awareness of ecological protection and law, get rid of the bad habit of eating wild animals, and realize the harmonious coexistence between man and nature.
09
Defendant Ye Moumou illegally hunted and sold precious wild animals.
[Basic case]
On March 17, 2019, the defendant Ye Moumou set up a bird net to hunt an owl in the farmland near his home in Shuanglian Village, Qinglong Town, Dayu County, Ganzhou City without the approval of the competent forestry authorities. On March 19, Ye Moumou was reported by the masses when he sold the owl at the farmer’s market in Dayu County. After the police arrived at the scene, he captured it and seized the owl. The species name of the owl is collar-horned owl, which belongs to the national second-class key protected wild animal. After the incident, the police released the captured owl in the Lushan Scenic Area.
[Judgment result]
The Dayu County People’s Court held that the defendant Ye Moumou violated the national wildlife protection laws and regulations and illegally hunted and sold precious wild animals under special state protection without the approval of the competent forestry authorities, and his behavior constituted the crime of illegally hunting and selling precious wild animals, which should be punished according to law. In view of the fact that Ye Moumou was able to truthfully confess his crimes after being brought to justice, voluntarily pleaded guilty and pleaded guilty, and the precious wild owl he hunted had been released, the court gave him a lighter punishment according to law; At the same time, considering that his criminal circumstances are minor, he shows remorse, there is no danger of committing another crime, and the probation has no significant adverse effect on the community where he lives, the defendant Ye Moumou was convicted of illegal hunting and selling precious wild animals, sentenced to six months’ imprisonment, suspended for one year, and fined 1000 yuan.
[Typical meaning]
Although the case is small, it is of great significance. Through the trial of this case, we will guide the masses, especially rural and mountainous residents, to enhance their awareness of ecological environmental protection and public health and safety, establish a new fashion of healthy eating, resolutely get rid of the bad habits of hunting, trading and eating wild animals, and develop a scientific, healthy and civilized lifestyle.
10
Defendants Chen Mou Hua, Chen Mou Feng, Liu Moumou and Xie Moumou illegally hunted.
[Basic case]
On the morning of April 16, 2019, the defendants Chen Mou Hua, Chen Mou Feng, Liu Moumou and Xie Moumou agreed to shoot birds together for food. At noon that day, Chen Mou Hua carried an air gun, an inflatable bottle and a number of bullets. Liu Moumou drove Chen Mou Hua, Chen Mou Feng and Xie Moumou along the highway to play birds in Feilong Village and Datong Village, Liuche Town, Xunwu County, Ganzhou City. Chen Mou Hua used an air gun to kill birds, and Chen Mou Feng, Liu Moumou and Xie Moumou were responsible for retrieving the hunted birds. At about 17 o’clock in the afternoon, Chen Mou Hua, Chen Mou Feng, Liu Moumou and Xie Moumou were stopped by the public security police on their way back by car, and 14 hunted birds and their tools were seized at the scene. Appraised by judicial authentication institutions, 5 pheasants, 2 turtledoves and 2 colorful snipes belong to provincial key protected wild animals.
[Judgment result]
Xunwu County People’s Court held that the defendants Chen Mou Hua, Chen Mou Feng, Liu Moumou and Xie Moumou violated hunting laws and regulations, used prohibited tools to hunt during the hunting ban, and the circumstances were serious, which constituted the crime of illegal hunting and was a joint crime. The four defendants, Chen Mou Hua, Chen Mou Feng, Liu Moumou and Xie Moumou, were all sentenced to four months’ criminal detention for illegal hunting.
[Typical meaning]
Protecting wildlife resources is of great significance for maintaining ecological balance. Although the law expressly prohibits illegal hunting of animals protected by the state, there are still people who ignore the law, covet small profits and hunt illegally. Through the trial of such cases, it is of great significance to crack down on and deter the illegal and criminal acts of destroying wildlife resources and guide the masses to establish the correct values of protecting the ecological environment and maintaining ecological balance.
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