Parrots are admired for their cute appearance and strange skills, but this parrot bird is already a rare and endangered wildlife and is internationally protected.
According to the relevant international conventions and China's Wildlife Protection Law, at present, in addition to the three parrot species of "peach-faced peony", "tiger skin" and "chicken tail", other species of parrots (including domestication and breeding) belong to the precious and endangered wild animals under key protection in China, and illegal trade will face legal prosecution.
Recently, the Xuzhou Railway Transport Procuratorate initiated a public prosecution of the defendant Zang Moulei and three other people illegally sold, transported and purchased precious and endangered wild animals, which sounded the alarm to the bird breeding family.
The scene of the trial
Rare endangered parrot
"You can only look at it from a distance and don't play with it"
Ma Mouyi, a retiring person in Linyi City, Shandong Province, has also had breeding experience in pampering parrots, so he wants to regain this hobby and prepare as a spiritual pastime for retirement. He found and contacted Zang Moulei, a seller in Xinyi, Jiangsu Province, who sold parrots and other pets, and promised that parrots would be diverse, of quality and would deliver to their doors.
After many understandings and selections, Ma Mouyi took a fancy to the beautiful, intelligent and good communication of the "Golden Sun" parrot, but also understood that the parrot was a national key protected animal, but he thought that it should be a big problem when a pet was bought to treat well. So Ma and Zang agreed to hand over money and deliver the goods with one hand, and bought two "Golden Sun" parrots from Zang Moulei for 3600 yuan on their birthday and delivered them home by Zang. After the parrot arrived home, in Ma Mouyi's own words, he took good care of these two "golden suns" like he loved his own children, and he has always been pampered. However, he did not think that he would be involved in the crime, and the two "love pets" were also detained by the case-handling organs according to law.
Seller Zang Moulei sold birds, cats and dogs and other pets in Xinyi City, Jiangsu Province, and Guo Mouwen, a native of Xuzhou City, also contacted Zang through an online e-commerce platform, and Guo learned in private messages that Zang had a "monk" parrot, a national key protected animal that he loved. Like Ma Mouyi, Guo Mouwen believes that as long as he does not sell, does not disturb the people, and buys parrots purely for his liking, there will be no accidents, and the price of "monk" parrots is not high, so he has the fluke mentality that even if something happens, he will not be sentenced. After repeatedly asking Zang Moulei through WeChat about the method of raising parrots, he finally bought a "monk" parrot from Zang Moulei for 1200 yuan with WeChat payment. Guo Mouwen, who likes pets, is doubly fond of this cute "monk", and has established a good relationship with it after half a year of careful care, but in the end it was still a crime.
Recently, the Xuzhou Railway Transport Procuratorate initiated a criminal prosecution for the illegal sale, transportation and acquisition of rare and endangered wild animals and an attached civil public interest litigation case, which was heard in open court by the Suqian Sucheng District People's Court in Suqian, Jiangsu Province, in the Luoma Lake Basin Environmental Resources Court, and Zang Moulei, Ma Mouyi and Guo Mouwen, three criminal litigation defendants (defendants in attached civil lawsuits) who illegally trade parrots were all present for trial.
Jurisprudence is equally important
The prosecutor urged the defendant to deeply repent
The case was reviewed by Sha Jinrui, chief procurator of the Xuzhou Railway Transport Procuratorate, and appeared in court to support the public prosecution, and the Suqian City Sucheng District Court formed a seven-member collegial panel, with President Yuan Zhen as the presiding judge.
After the procuratorial organs fully presented evidence and the expert assistants explained in court, the court accepted that the "Golden Sun" parrot and the "monk" parrot in this case belonged to the wild animals in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the defendant had the facts of illegal sale, transportation, and acquisition.
In this case, the procuratorate applied the plea leniency system to initiate a public prosecution case, during the trial, in response to the three defendants who admitted guilt and accepted punishment, but also defended that the parrots they bought and sold were domesticated and bred animals, and the purchase of parrots as pets did not cause harm, and to varying degrees of "grievance" and other psychology, Sha Jinrui insisted on legal reasoning and fully issued public prosecution opinions, explained the relevant laws and regulations in detail, and profoundly revealed the harm of illegal trade in wild animals to biodiversity and public health safety, Convincing reasoning prompted the 3 defendants to say in court that they had truly realized the mistakes and harmful consequences of the illegal trade in parrots, sincerely repented in their hearts, voluntarily accepted punishment, and were willing to bear civil tort liability.
Under the auspices of the court, the procuratorial organ, as the prosecutor of the attached civil public interest litigation, reached a civil public interest litigation mediation agreement with the three defendants, and each defendant paid the ecological environment restoration fee in full.
The criminal part of the case will be pronounced periodically at a later date after the expiration of the civil mediation statement announcement.
Many people think that just buying a domesticated parrot as a pet out of personal preference is not harmful, and it will not constitute a crime. This kind of thinking is either a misunderstanding of the law or a fluke mentality. It is not known that the illegal trade and transportation of these precious and endangered animals protected by law is a violation of criminal law and will inevitably face prosecution.
While handling cases, we also shoulder the obligation to popularize the law, and we must not handle cases on the case, but we must take into account the equal emphasis on legal reasoning and the combination of leniency and severity, which can not only make the defendant feel the judicial temperature and truly admit guilt and accept punishment from the heart, but also make the people convinced of the credibility of the judiciary, so as to achieve the organic unity of political, legal and social effects.
Sha Jinrui, chief procurator of the Xuzhou Railway Transport Procuratorate, said this after the trial.
(Source: Jiangsu Procuratorate Online WeChat public account Author: Wang Shi Zheng Xiaopei Photo: Chi Yuan)