Thrushes, known for their melodious and gentle songs. Since January 2021, thrushes have been listed as national second-level protected wild animals. The upgrade from local protected birds to nationally protected birds means that those who hunt, buy, transport and sell wild animals such as thrushes without authorization will be held criminally liable according to law. On April 8, the Tianlin County People's Court in Guangxi Province publicly tried an illegal hunting case in which defendant Lu Mouguan was convicted of illegal hunting and sentenced to four months' detention and confiscation of his bird catching tools.
In December 2020, defendant Lu Mouguan violated hunting regulations by going to the mountain forest near Fuda Village in Badu Yao Nationality Township, Baise Tianlin County, and the weeds near Bagui Village in Bagui Yao Nationality Township, Baise Tianlin County, using the self-made bird sets left by his ancestors, hanging the cage of male thrushes behind the bird sets, and using the cries of male thrushes to attract wild thrushes into the set, capturing a total of 71 thrushes.
Public Prosecutor: After appraisal by the Physical Evidence Laboratory of the Forest Public Security Bureau of Guangxi Zhuang Autonomous Region, the 71 birds captured by defendant Lu Mouguan were all thrushes of the subfamily Thrush family.
The public prosecution organ held that the defendant Lu Mouguan violated hunting regulations by using prohibited tools and methods to hunt and destroy wildlife resources, and the circumstances were serious, and he should be investigated for criminal responsibility for the crime of illegal hunting.
Public prosecutor: His conduct violated the second paragraph of article 341 of the Criminal Law of the People's Republic of China, the facts of the crime are clear, the evidence is credible and sufficient, and he shall be investigated for criminal responsibility for the crime of illegal hunting.
During the trial, the procuratorial organs presented relevant evidence such as photographs, the defendants cross-examined the evidence, and both the prosecution and defense fully expressed their respective opinions under the auspices of the court. In their final statements, the defendants all expressed their voluntary confession and remorse, hoping that the court would give a lenient punishment.
After trial, the court found that defendant Lu Mouguan violated hunting regulations, used prohibited tools and methods to hunt, and destroyed wildlife resources, the circumstances were serious, and his behavior had violated the criminal law, constituting the crime of illegal hunting, and should be investigated for criminal responsibility. The facts of this case are clear, the evidence is indeed sufficient, the charges charged by the public prosecution organs are established, and the sentencing recommendation is reasonable.
Presiding Judge: The verdict is as follows, defendant Lu Mouguan committed the crime of illegal hunting and was sentenced to four months' detention. The bird catching tools used by defendant Lu Mouguan for illegal hunting shall be confiscated and handled by the seizing organ in accordance with law.
Chief Judge Zhao Guoxiu said: "Our judicial organs will use the rule of law to severely crack down on the hunting of wild animals and protect wild animals, hoping that through this case, we will appeal to the general public to take this as a warning, enhance legal awareness, and do not catch wild animals at will, otherwise they will be punished by the law." ”
Reporter: Zhou Na
Baise Tai Huang Teng Tianlin County Rong Media Center: Zhao Wenchao Correspondent: Huang Hanke