June 17
The Boshan District People's Court held a public hearing
And pronounced a verdict on defendant Song Xxx in court
Illegal sale of rare and endangered wildlife
A criminal incidental civil public interest litigation case
The case was the first case involving a criminal attached civil public interest litigation involving rare and endangered wild animals in the Boshan District Court, and the court sentenced defendant Song X to one year in prison, suspended for one year and six months, and fined 6,000 yuan and compensated 3,000 yuan for the loss of national resources.
On November 28, 2019, defendant Song Moumou was seized on the spot by law enforcement officers of the Boshan District Market Supervision and Administration Bureau when he wanted to sell two parrots at the Boshan District Street Market. According to the identification of the Shandong Provincial Forest Public Security Forensic Appraisal Center, one of the two parrots is a green-cheeked parrot and one is a gray-breasted parrot, and the green-cheeked parrot and the gray-breasted parrot are listed as Appendix II species of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (2019).
The public security organs seized the two parrots involved in the case from defendant Song X in accordance with the law, one of which was dead, and the other was "preserved", and after assessment by the Boshan District Natural Resources Bureau of Zibo City, the value of the parrot brothers involved in the case was 5,000 yuan, and the people's procuratorate of Boshan District of Zibo City, the attached civil public interest litigation prosecutor, demanded that defendant Song XX compensate 3,000 yuan for the loss of state resources.
The court held that defendant Song X violated national laws and regulations by illegally selling rare and endangered wild animals under key national protection, and his behavior has constituted the crime of illegally selling rare and endangered wild animals. At the same time, defendant Song X's criminal conduct caused damage to national wildlife resources and harmed national interests and the societal public interest, and in addition to bearing criminal responsibility, the damage to national wildlife resources caused by his criminal acts shall bear civil liability in accordance with law. Combined with the facts, nature, circumstances, and consequences of social harm to the defendant's crime, and the attitude of admitting guilt and repentance after the case is brought to justice, the above judgment is made.
Links to laws
Article 341 of the Criminal Law:[Crimes of illegally hunting or killing rare or endangered wild animals; Illegally acquiring, transporting, or selling rare and endangered wild animals, precious or endangered wildlife products] 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; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or have his property confiscated.
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.
Edit: Bi Jie
Editor: Liu Miao
Source: Boshan District People's Court