Recently, the Wanzhou Court of Chongqing Municipality held a trial of a case of illegal hunting of wild animals, and pronounced a verdict in court, sentencing defendant Wang X to six months' detention and one year's probation for the crime of illegal hunting.
Case details
In July 2019, Mr. Wang invited Mr. Xiao and others to a village in Chengkou, Chongqing (located in a national nature reserve) to catch frogs. During the hunting process, Wang Moumou and others used flashlights to illuminate frogs so that they could not move and take advantage of the opportunity to catch them, and a total of 61 frogs were caught. After identification, the frog caught by Wang Moumou and others is a long frog, which was included in the List of Terrestrial Wild Animals with Important Ecological, Scientific and Social Value.
Court decisions
The court held that Mr. Wang used prohibited tools to hunt and destroy wildlife resources in the game ban area or during the hunting ban period, and the circumstances were serious, and his behavior had constituted the crime of illegal hunting. After Wang Moumou arrived at the case, he truthfully confessed his crime and voluntarily paid an ecological restoration fee of 3,000 yuan, which can be given a light punishment. The Wanzhou court made the above judgment based on the facts, circumstances, nature and degree of harm to society of Wang Moumou's crime.
Judge reminds
Terrestrial wild animals included in the list of "three haves" protected by the state, that is, terrestrial wild animals that are beneficial, have important economic value and scientific research value, although they are not precious and endangered wild animals, they are also protected by law according to law. Citizens cannot hunt and kill such animals at will, otherwise it may constitute a crime.
Governing Law
Paragraph 1 of Article 20 of the Wildlife Protection Law of the People's Republic of China: Hunting and other activities that obstruct the survival and reproduction of wild animals are prohibited in the relevant nature reserve areas, hunting (fishing) areas, and hunting (fishing) periods, except as otherwise provided by laws and regulations.
Article 24: It is forbidden to hunt by poison, explosives, electric shock or electronic trapping devices, as well as hunting kits, hunting clips, ground guns, platoons and other tools, and it is forbidden to hunt by means such as night lighting hunting, annihilating hunting, destroying nests, fire attack, smoke, netting, etc., except where netting or electronic trapping is truly necessary for scientific research.
Paragraph 2 of article 341 of the Criminal Law of the People's Republic of China stipulates: Whoever, in violation of hunting laws and regulations, hunts in a game reserve, during a hunting ban period, or uses prohibited tools or methods to hunt and 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.
Article 6 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 stipulates that if 20 or more wild animals are illegally hunted in a hunting area, during the hunting ban period, or by using prohibited tools or methods in violation of hunting regulations, it is an illegal hunting with "serious circumstances" and shall be convicted and punished as the crime of illegal hunting. (This article is transferred from [China's Fishery Administration].) If you have copyright questions, please contact [email protected]. ）
【Keywords】:Wildlife regulation aquaculture