Now many young people will choose to raise some small animals to embellish their lives after work. Some are to raise pets with the object to enhance their feelings, and some are to keep pets for more companionship. But no matter what, you must be cautious about keeping pets, otherwise you don't know if you are suspected of committing a crime. Perhaps, the pet you take good care of is sending you to the detention center step by step.
Among the crimes suspected of keeping pets by individuals, the most common crime is the crime of illegally acquiring rare and endangered wild animals. That is, article 341 of China's Criminal Law stipulates that "whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally acquires, transports or sells rare or endangered wild animals under key national protection and their products, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; Whoever, in violation of hunting laws and regulations, hunts in a forbidden hunting area, during a hunting ban period, or uses prohibited tools or methods to destroy wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine. ”
Some friends may feel that this article is aimed at operators and illegal poachers, they are raising a pet, what law is it to keep a pet? And how can it be a crime to buy and not steal, and to eat and serve?
According to the part of Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases involving the Destruction of Wildlife Resources, "the "acquisition" provided for in the first paragraph of article 341 of the Criminal Law includes "purchases for the purpose of making profits, self-use, etc.", it is clear that the focus of legal prosecution is not how you breed, but how you buy.
The judicial interpretation expands the "acquisition" in the law to mean "purchase for the purpose of making profits, self-use, etc.", which further means the word "etc." in "self-use, etc." You can buy it yourself to eat, or you can buy it yourself to raise, all of which belong to the self-use behavior in "acquisition".
In the pet industry, the most popular thing to buy in addition to the cat star is the turtle, cute and cute and easy to take care of. However, the vast majority of tortoises in China are protected animals, because China has joined the Washington Convention (CITES), and the tortoises in this convention are criminal as long as there are individuals in China who are not licensed to breed.
In life, the most common, the most problematic is these, Russian tortoises (also called four-clawed tortoises), Burmese tortoises, leopard tortoises, star turtles, etc. Even the Herman tortoises we often know are protected animals, and it is a crime for individuals to raise them without a license.
If you don't believe it, let's take a look at a few cases that the author saw from the judgment document network:
Case 1: Breeding constitutes the crime of illegally acquiring and selling rare and endangered wild animals
In 2011, Mr. Hu purchased a leopard tortoise at a flower, bird, fish and insect market in the city and raised it until his death in 2017. In June 2018, Hu Moumou purchased a spoke tortoise online and raised it in his residence. In the end, defendant Hu Moumou committed the crime of illegally purchasing rare and endangered wild animals and was sentenced to eight months' imprisonment, suspended for one year, and fined 2,000 yuan.
Case 2: Selling after breeding constitutes the crime of illegally acquiring and selling rare and endangered wild animals
Beginning in October 2014, defendant Guo Moupeng violated state regulations by purchasing one spoke tortoise and two diamond-patterned turtles to be raised in his residence in Room 1002, No. 5, a residential area, through the Linggui Home Forum and WeChat group. On June 9, 2017, Guo Moupeng used the screen name meXXXXX to sell the spoke tortoise through idle fish nets, and the defendant Guo Moupeng was convicted of illegally purchasing and selling rare and endangered wild animals, and was sentenced to four months' detention, suspended for eight months, and fined 2,000 yuan.
Case 3: Buying and then selling constitutes the crime of illegally acquiring and selling rare and endangered wild animals
In April 2017, defendant He Mouyou purchased 2 Burmese tortoises and 1 concave tortoise from an aquatic market in the city for the purpose of selling, and then sold 1 Burmese tortoise in May of the same year. Defendant He was convicted of illegally purchasing and selling rare and endangered wild animals and was sentenced to nine months' imprisonment, suspended for one year, and fined RMB 10,000.
After the above three cases, it can be known that the crime of illegally acquiring and selling rare and endangered wild animals is really even constituting breeding.
Evidence of conviction
The crime of individual breeding without a license generally starts from the act of "buying", such as after being caught through a merchant (or it can be said that the upper family) has provided a record of selling to the investigation organ and been found.
Some collect evidence by locking in transaction records and so on by the internet police, such as their own sales on e-commerce platforms or second-hand trading platforms. There is also a kind of online plainclothes policemen waiting to collect evidence of guilty of "acquisition".
The evidence of guilt collected in the flower and bird market is generally caught on the spot, and it is generally difficult to trace the individual through the trajectory of the transaction. That's why the crime of illegally buying and selling rare and endangered wildlife is now being used more often than before.
Some friends may have new problems, I buy are artificially raised, and they are all very common species of the public, it cannot be the country's precious, frequent wild protected animals, so it is wrong again.
The definition of a national rare and frequent wild protected animal is not to see whether it is really captured from nature or artificially raised, but to see whether the animal of that species is on the list, that is, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destroying Wildlife Resources stipulates that "the "precious and endangered wild animals" provided for in the first paragraph of Article 341 of the Criminal Law, including the national first- and second-level protected wild animals included in the list of wildlife under national key protection, and the list of "rare and endangered wild animals" Wild animals in Appendices I and II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the above-mentioned species domesticated and bred"
What animals belong to rare and endangered wild animals, and what behaviors belong to criminal acts should be very clear, and it is not clear that you are welcome to leave a message in the comment area to discuss together.
Finally, it is recommended that everyone raise pets, no matter how cute and cute the pet is, how much they like it, before buying, we must find out whether the pet is a "precious, endangered wild animal", do not think that he can sell, I can also buy, this is because he sells is also illegal, and when he is caught, he will also be caught. Therefore, regardless of whether others can sell or not, you must first find out whether you can buy it, otherwise you may not know which day, your pet will send you to the detention center.