Wild animals are an important part of the natural environment and ecosystem, and occupy an important position in maintaining biodiversity and ecosystem balance. In order to protect wild animals, save rare and endangered wild animals, and promote the construction of ecological civilization, China has formulated the Wildlife Protection Law of the People's Republic of China. In addition, the Amendment (XI) to the Criminal Law of the People's Republic of China, which came into effect on 1 March 2021, adds offences related to endangering wildlife on the basis of the original Criminal Law.
So, what acts would be criminal? Let's take a look at the following cases:
Case 1
The picture shows the protected animals involved in this case
In 2016, Xiao Li, for the purpose of breeding, purchased a Sulcata tortoise for 1300 yuan at a price of 1300 yuan in a flower, bird, fish and insect market in Haidian District, haidian District, and was later seized by the police.
Case 2
In 2020, for the purpose of breeding, Li met a person who sold ball pythons through a network Tieba and then bought a ball python from the other party at a price of 500 yuan, which was later seized by the police. After identification, the ball python belongs to the national second-class protected animal.
Case 3
The picture shows the ivory products involved in this case
In 2018, Xiao Liang ran a jewelry antique shop in the Haidian District of the city, for the purpose of self-use and sale, he met a person who sold ivory products through a network tieba and spent 3500 yuan to buy 18 ivory products, a total of 255g, based on the pictures provided by the other party, which were later seized by the police. After identification, the ivory product is made of ivory and belongs to the national level key protected animal.
The above cases tell us that article 341 of the Criminal Law of the People's Republic of China not only includes what we often call illegal hunting and killing of wild animals, but also illegally acquires, transports and sells wild animals, and the purchase behavior includes the purchase for the purpose of "self-use".
So, what are the precious and endangered wild animals involved in the crimes of China's criminal law?
The "precious and endangered wild animals" protected by this Law include wild animals under national first- and second-level protection listed in the List of Wild Animals under National Key Protection, wild animals listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as well as the above-mentioned species domesticated and bred, at the same time, this Law not only protects the living bodies of the above-mentioned wild animals, but also its products are also the objects protected by the Criminal Law. The Sulcata tortoises, ball pythons and ivory in the case are all criminal objects involved in China's criminal law crimes.
So, what kind of criminal law penalties will be faced for the above acts?
The first statutory sentence of this Law shall be fixed-term imprisonment of not more than five years or criminal detention and shall also be fined;
Prosecutor reminded
According to statistics from the Secretariat of the International Convention on Endangered Species of Wild Fauna and Flora, wildlife has become the third largest smuggling target in the world after drugs and weapons. China is a party to the convention organization, and with the increasing number of related crimes in recent years, China's efforts in cracking down on crimes that damage wildlife resources are also increasing year by year.
As a representative of the national interest and the public interest, the procuratorial organs have accepted more than 20 cases of crimes endangering wild animals since 2020, and have dealt with the suspects accordingly according to the different circumstances of the cases.
The prosecutor hereby appeals to the general public: wild animals are friends of mankind, an important part of nature, and a member of our global village, and caring for wild animals is for our better tomorrow. Let us work together to resist acts that harm wildlife, be active advocates for the protection of wild animals, and build our beautiful green homeland.
Source: Beijing Political Science and Law
Editor-in-Charge: Xiao Yue