On November 23, the Environmental Resources Circuit Court of the Wanbailin District Court publicly tried the case of Li's illegal acquisition and sale of rare and endangered wild animals, and sentenced Li to 8 months in prison and a fine of 2,000 yuan. On June 1, 2019, defendant Li illegally purchased 20 Mexican firefoot bird catcher spiders from a WeChat friend at a price of 4 yuan each. On October 17 of the same year, Li sold 10 Mexican firefoot bird-catching spiders online to Mu Mou, a pet supply dealer shop operator in Wanbailin District at a price of 35 yuan per animal.com.
On July 1 this year, the public security police seized 14 Mexican red-knee bird-catching spiders and 4 Mexican gold-backed red-tailed bird-catching spiders at Li's rented residence. According to the appraisal, the Mexican red-knee bird-catching spider, the Mexican firefoot bird-catching spider and the Mexican gold-backed red-tailed bird-catching spider involved in the case are all Appendix II species of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and are precious and endangered wild animals.
At trial, the court held that defendant Li's illegal acquisition and sale of rare and endangered wild animals under key national protection had constituted the crime of illegally acquiring and selling rare and endangered wild animals. Synthesizing the facts, nature, circumstances, and degree of harm to society of Li's crime, as well as the circumstances of voluntary surrender and the performance of admitting guilt and accepting punishment, the court made the above judgment in court.
According to the judge, the first paragraph of article 341 of the Criminal Law stipulates that 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 5 years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years 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. Among them, rare and endangered wild animals include wild animals under national first- and second-level protection listed in the list of wildlife 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, and the above-mentioned species domesticated and bred.
(Editor-in-charge: Wen Wen)
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