Rare and endangered wild animals refer to wild animal species that live in their natural state, are not domesticated, are extremely rare and precious, and are endangered or in danger of extinction. We all understand a truth: to protect and treat animals well is to protect and treat ourselves well.
And some people for their own selfish desire to sell rare and endangered wild animals, this behavior will be punished by the law, let's take a look at today's case interpretation.
<h1 class="pgc-h-arrow-right" > case review</h1>
Criminal suspect Jin mou said that in June 2018, he purchased two high-crowned chameleons online, a green iguana lizard in September 2018, and a high-crowned chameleon in October 2019. After breeding on their own. From June and July 2019, the high-crowned chameleon was sold to the outside world, and a total of about 50 were sold to five people.
Later, the police seized 65 high-crowned chameleons, 1 green iguana, and about 361 eggs suspected of being high-crowned chameleons in their homes. Among the high-crowned chameleons sold by the suspects, one was sold to Zhang for 330 yuan on September 11, 2019, and Zhang was sold to Wu for 370 yuan. The suspect shipped it directly to Wu Mou, and the police seized the chameleon and identified it as a national second-level protected animal.
Chat records and transfer records show that on June 1, 2020, the suspect sold a Gaoguan chameleon to a buyer in Langfang, Hebei Province, for 700 yuan and mailed it by courier, and the buyer received it.
The 65 high-crowned chameleons and 1 iguana seized from the suspect's home were identified as national second-class protected animals with a total value of 99,000 yuan.
Criminal suspect Jin Mou sold rare and endangered wild animals under national key protection to others by courier mail, and was suspected of constituting the crime of illegally transporting and selling rare and endangered wild animals under national key protection. A few days ago, Jin Mou has been approved for arrest by the Changping District People's Procuratorate in accordance with law.
Know more: According to the "Notice of the Ministry of Forestry on Approving Some Endangered Wild Animals as Wild Animals under National Key Protection", it was decided that all wild animals and animals listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora that are not native to China are approved as national first-level and national second-level protected wild animals, and high-crowned chameleons and green iguanas are listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, that is, they belong to the national second-level protected animals.
< h1 class="pgc-h-arrow-right" > legal link</h1>
Article 341 of the Criminal Law: The crime of illegally hunting and killing rare and endangered wild animals
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; 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.
<h1 class="pgc-h-arrow-right" > which animals are rare and endangered? </h1>
According to Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving the Destruction of Wildlife Resources (Fashi [2000] No. 37) (hereinafter referred to as the Interpretation of Several Issues Concerning the Application of Law), "precious and endangered wild animals" as provided for in the first paragraph of article 341 of the Criminal Law, including wild animals under national first- and second-level protection included in the list of wildlife under key national protection, are included in Appendix I of the Convention on International Trade in Endangered Wild Fauna and Flora. Appendix II is the list of wild animals and the above species that are domesticated and bred.
<h1 class="pgc-h-arrow-right" >what is the illegal acquisition, transportation, and sale of wild animals? </h1>
According to Articles 1 and 2 of the 2000 Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving the Destruction of Wildlife Resources, "acquisition" as provided for in article 341, paragraph 1 of the Criminal Law includes purchases for the purpose of making profits or for personal use; "transportation" includes the act of transporting by means of carrying, mailing, using others, and applying means of transportation; and "sale" includes selling and processing and utilizing for the purpose of making profits.
<h1 class="pgc-h-arrow-right" > what else can we do?</h1>
(1) Establish the concept that the protection of wild animals is to protect human beings themselves, and consciously abide by the laws and regulations on the protection of wild animals.
(2) Do not buy wildlife products, do not keep wild animals as pets; you should not catch animal cubs in nature for breeding in the name of rescue.
(3) Refuse to eat wild animals and their products, and advise relatives and friends not to eat wild animals.
(4) Actively persuade to prevent and report all kinds of acts that damage natural resources and harm wild animals.
These are just small things that we can do, but they are absolutely respectful and protected for wild animals! Reverence for nature and the protection of wildlife are closely related to each and every one of us. Reject wildlife products, do not raise, do not sell wild animals, refuse to eat wild animals, and work together to make our environment more harmonious and beautiful!
Source: Changping Procuratorate, Pingxiang Popularization of Law
Editor: Gui Faxuan