Cover news reporter Hao Ying
On November 30, the Nanchang Parrot Case confirmed that the entire case would not be prosecuted. The lawyer representing defendant Min Mouping believes that the judgment in this case will have a positive impact on other animal-related cases.
In October 2020, Mr. and Mrs. Min in Nanchang, Jiangxi Province, were arrested for selling Fei's peony parrots because the species belonged to the national second-level wild protected animal. Of the 77 involved, the two may face 10 years in prison. More than a year later, after a careful trial, and the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice jointly issued the "Guiding Opinions on Punishing the Crime of Illegal Wildlife Trade in Accordance with the Law" and other key documents were issued, the old couple ushered in a non-prosecution judgment.
On Dec. 2, the min couple's daughter told cover news reporters that they were satisfied with the results.
Case Review
77 Fischer's peony parrots were purchased for sale
It was expected to be sentenced to ten years in prison
In September 2020, Min and his wife were taken away by forest police for selling protected animals. After the incident, Min Mouping's family said in an interview with the media that the old couple did business in the flower and bird market, and there were 77 Fei's peony parrots for sale in the store, and one parrot was priced at 15 yuan, and the profit was not high.
Less than a week after the Min couple bought the peony parrot, the forest public security of Nanchang City found that the store was selling protected animals, and immediately took away Xiong Mouxiu in the store, and Min Mouping then surrendered himself. The family said, "At that time, it was not known that the Fei's peony parrot belonged to the national second-level protected animal. ”
Xiong Mouxiu's lawyer Zeng Xianyi introduced that the Fei's peony parrot originally belonged to the "List of Terrestrial Wild Animals With Mature Domestication and Breeding Technology for Commercial Operation" issued by the State Forestry Administration, and could be artificially farmed after handling relevant procedures, but the list was abolished in 2012, and the certificate expired in 2015, so as long as it is bought and sold, it is suspected of violating the law.
On October 16, 2020, Mr. and Mrs. Min were arrested for illegally acquiring, transporting, and selling rare and endangered wild animals. According to media reports, according to the judicial interpretation at the time, according to the rarity of Fei's peony parrot and the number of cases involved, the Min couple may face a ten-year sentence.
Documents of the State Forestry and Grassland Administration
Progress of the case
Key guidance was issued
The State Forestry and Grassland Administration carried out a pilot solution
On November 30, 2021, the parties to the "Fei's Parrot Case" in Nanchang, Mr. and Mrs. Min received a decision not to prosecute.
The decision shows that Min Mouping carried out illegal trading of Fei's peony parrots, in view of the fact that the Fei's peony parrot involved in the case is artificial breeding, the technical maturity is large, after the incident, the State Forestry and Grassland Administration carried out a special logo management pilot for the artificially bred Fei's peony parrot, Min Mouping's above behavior is actually no social harm, according to the relevant guidance and laws and regulations, the circumstances are significantly minor and the harm is not large, and it was decided not to prosecute.
On December 2, the daughter of the Min couple told the cover news reporter that the family expressed satisfaction with the results.
He Zhijuan, a lawyer representing Min Mouping, told the cover news reporter that the case can be completely unindicted, and the "Guiding Opinions on Punishing the Crime of Illegal Wildlife Trade in Accordance with the Law" (hereinafter referred to as the "Opinions") jointly issued by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice on December 24, 2020 played a key role.
Article 9 of the Opinions shows that when determining whether the conduct provided for in these Opinions constitutes a crime and the discretionary punishment, consideration shall be given to whether the animals involved in the case are artificially bred, the endangered degree of the species, the survival status in the wild, and the artificial breeding situation... As well as circumstances such as the means of conduct, the degree of damage to wildlife resources, and the degree of harm to human health caused by eating the wild animals involved in the case, comprehensively assess the harm to society, and ensure that the punishment for crime is appropriate. Where the relevant standards for conviction and sentencing are clearly inappropriate, appropriate handling may be made in accordance with law on the basis of the facts, circumstances, and degree of social harm of the case.
Lawyer He mentioned that due to the problem raised by some farmers in Henan last year, on April 2, 2021, the State Forestry and Grassland Administration also issued a letter on this issue, proposing to carry out a pilot project for the management of artificial breeding special labels for 4 kinds of parrots, including The Fei's peony parrot. In this sense, the min couple's buying and selling behavior is actually not socially harmful.
Lawyer Zeng explained, "There are many types of legal non-prosecution, including unclear facts, doubts and non-prosecution, minor circumstances, non-prosecution, minor circumstances, and no prosecution, etc. The procuratorate chose the third type for this case, believing that it does not constitute a crime, which is very difficult and also brings a turnaround to other parrot cases." ”
Relevant guidance
Lawyer's opinion
It is hoped that individual cases will promote the progress of the rule of law
This case may affect other animal cases
Lawyer He said that the guiding opinions require judicial organs to make comprehensive judgments based on specific scenarios, and the final foothold is to make appropriate handling according to the facts and circumstances of the case and the degree of social harm.
She believes that for the people, buying a very cheap parrot as a pet to raise, absolutely will not think that it will involve criminal punishment, conviction is certainly not "proper handling", but the judicial interpretation has not been revised, for the case-handling organs, it is also a difficult problem. Therefore, the procuratorate's ability to issue a clear verdict of innocence is a big step forward and a more advanced approach.
She believes that the state formulates relevant laws and regulations out of the need to manage and protect wild animals, to prevent some lawbreakers from exploiting loopholes, but there will be some ordinary people who raise parrots and get convicted of this. On this basis, the issuance of relevant guidance and the requirement of proper handling of specific cases is to guide judicial practice in other ways. Species such as the Fei's peony parrot have been domesticated and bred in large quantities, and its equal protection as a wild animal would be unfair to farmers.
"We also hope to promote the progress of the rule of law through individual cases, and such cases will have a good impact on other animal-like cases." Lawyer He said.
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