Defendant Chen Mingde, male, was born in Taiwan Province Province on June196165438+10/7, 2007, with Taiwan Province resident ID number (omitted), Taiwan Province resident pass number (omitted), Han nationality, junior high school education and residence (omitted). On September 4, 2007, he was criminally detained on suspicion of smuggling rare plant products, and was arrested on June 8, 2007. He is currently detained in Xiamen No.1 Detention Center.
Defender Yin Shenping, lawyer of Beijing Horizon Law Firm.
The Xiamen Municipal People's Procuratorate prosecuted the defendant Chen Mingde for the crime of smuggling precious plant products. (2007)No. 13 1 filed a public prosecution in our hospital on June 2007 1 1. After examination, our hospital filed a case in the same year1October 28th 165438, and formed a collegial panel in accordance with the law to hold a public hearing on February 28th, 2007. Xiamen Municipal People's Procuratorate appointed prosecutor Wang Yuefeng to appear in court to support the public prosecution, and defendant Chen Mingde and his defender Yin Shenping attended the proceedings. In view of the defendant's voluntary confession, the collegial panel consulted the public prosecutor, the defendant and the defender, and the case was tried in accordance with the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on Applying Ordinary Procedures to Trial Cases of Defendant's Confession (Trial). The trial is now over.
It was found through trial that at noon on September 4, 2007, the defendant Chen Mingde wanted to leave Xiamen Gao Qi International Airport by NX 13 1 and return to Taipei, Taiwan Province Province via Macau. In the process of leaving the airport, Chen Mingde chose the non-declaration channel for customs clearance. When his luggage passed through the customs X-ray machine, 0.976 Jin of Daphne was found. Defendant Chen Mingde also confessed that in 2006, he entrusted others to smuggle 34.6 kilograms into Daphne, leaving it at Kaiyuan Temple in Chaozhou, Guangdong Province. After investigation, Xiamen Customs Anti-smuggling Bureau seized the above-mentioned 34.6 kilograms of Daphne plants. Appraised by Fujian Lin Min Judicial Appraisal Center, all the above plants of Daphne belong to Aquilaria of Daphne and are listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Origin in foreign countries (Southeast Asia); The value is 4392 yuan, 23 100 yuan and 27492 yuan respectively.
Defendant Chen Mingde had no objection to the above facts during the trial. The seized physical evidence, such as Thyme, Xiamen Customs on-site inspection records, customs exit passenger baggage declaration form, seizure list, on-site photos, exit registration card, copy of air tickets, identification certificate, testimony of witnesses Lin Dechun, Lin Deqing and Shi Daquan, and judicial expertise opinions, confirmed that the facts were clear and the evidence was sufficient, and should be recognized.
We believe that the defendant Chen Mingde violated the customs regulations and the Regulations on the Administration of Rare Plant Products, evaded customs supervision, and illegally transported and carried 35.576 kilograms of rare plant products of Daphne family, valued at 27,492 yuan, which constituted the crime of smuggling rare plant products. These charges were prosecuted and found guilty. After being brought to justice, the defendant Chen Mingde voluntarily confessed that he smuggled 34.6 kilograms of Daphne drugs, which was a serious crime of the same kind and could be given a lighter punishment according to relevant judicial interpretations; Chen Mingde pleaded guilty after being brought to justice, and voluntarily pleaded guilty during the trial. According to the relevant judicial interpretation, it can be given a lighter punishment as appropriate. Considering the number of the defendant Chen Mingde, the circumstances of the crime, the performance of pleading guilty and repenting and his physical condition, our hospital decided to impose a single fine on the defendant Chen Mingde according to law. Defendant Chen Mingde's defender has no objection to Chen Mingde's criminal facts and allegations, but points out that there are defects in the identification method of Daphne plants detained by the Judicial Appraisal Center of Lin Min, Fujian Province. The accusation is that 34.6 kilograms of Daphne plants detained from Kaiyuan Temple in Chaozhou, Guangdong Province were smuggled and imported by Chen Mingde, but there is no other evidence to prove it. Based on this, Chen Mingde was exempted from criminal punishment. After investigation, Lin Min Judicial Appraisal Center of Fujian Province is an authorized appraisal institution, and neither the defendant nor the defender has any objection to the appraisal conclusion. Our hospital confirms that the appraisal opinion is legal and valid, and it can be accepted as evidence to finalize the case. 34.6 kg of Daphne odora originating in foreign countries (Southeast Asia) was seized; There are no legal entry procedures; Chen Mingde's own confession is that he entrusted others to sneak into the country from Taiwan Province Province; The testimony of witness Lin Dechun confirmed that Daphne odora was entrusted by Chen Mingde, Taiwan Province Province. To sum up, the fact that Chen Mingde was accused of smuggling 34.6 kilograms of Daphne plants is clear and the evidence is sufficient, which can be supported. Smuggling 35.576 kilograms of Daphne plants worth 27,492 yuan into and out of Chen Mingde is not a serious crime. Therefore, the defender suggested that Chen Mingde be exempted from criminal punishment, and the reason was untenable and was not adopted. In accordance with the provisions of the third paragraph of Article 151 of the Criminal Law of People's Republic of China (PRC), Article 64 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in Handling Cases of Surrender and Meritorious Service, and Article 9 of the Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Justice on Applying Ordinary Procedures to Trial Cases of "Defendant Pleading", the verdict is as follows:
1. Defendant Chen Mingde was guilty of smuggling rare plant products and fined RMB 30,000.
(The fine shall be paid within ten days from the effective date of this judgment. )
2. Defendant Chen Mingde smuggled 35.576 kilograms of stolen goods, which were seized by Xiamen Customs Anti-smuggling Bureau and confiscated by Daphne Branch and turned over to the state treasury.
If you refuse to accept this judgment, you can appeal to the Higher People's Court of Fujian Province through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.