Why are the consequences of catching three frogs so serious? It turned out that the man caught the only frog listed as a national second-class protected wild animal-the tiger frog. The reporter learned that China's criminal law "incriminates" illegal hunting and selling of state-protected animals, while illegal hunting and selling of some wild animals can be sentenced to more than ten years in prison.
Hunting three tiger frogs, the man was sentenced to five months' criminal detention and suspended for six months.
13 On the evening of May 30, Li Moujun, a farmer from Wenling, Zhejiang Province, hunted three frogs with his bare hands in a ditch in a field and was caught by the police of Wenling Public Security Bureau on the spot.
The reporter inquired about China Judgment Document Network, and the first-instance judgment of Wenling Court in Zhejiang Province showed that all three frog wild animals involved in the case were tiger frogs, belonging to the national second-class key protected wild animals, with an approved value of 65,438 yuan +0.500 yuan. After Li Moujun was brought to justice, he truthfully confessed the facts involved. Three tiger frogs were released by the public security organs, voluntarily pleaded guilty and recognized the sentencing suggestions put forward by the public prosecution organs.
The court held that the defendant Li Moujun violated the laws and regulations on wildlife protection and used night lights to hunt wild animals under the second-class protection of the state, which constituted the crime of illegally hunting precious and endangered wild animals. The prosecutor charged him with guilt. In view of the fact that the defendant Li Moujun truthfully confessed his criminal facts after returning to justice, he voluntarily pleaded guilty in court and did show repentance. He decided to give him a lighter punishment and apply probation according to law.
Recently, Wenling Court made a first-instance judgment on this case. Defendant Li Moujun committed the crime of illegally hunting precious and endangered wild animals and was sentenced to five months' criminal detention, suspended for six months and fined RMB 3,000.
"one crime" of illegally hunting and selling animals under state protection
You can be punished for catching three frogs? Many people may have such questions.
The reporter learned that tiger frogs often live in paddy fields, ditches and ponds with water below 900 meters above sea level. In nature, they mainly prey on locusts, butterflies, dragonflies and other insects, which are mainly distributed in the south of the Yangtze River in China. Rana tigris was listed as a national second-class protected animal in 1989. More importantly, it is the only frog that has been listed in the national key protected wildlife list so far.
The lawyer told the reporter that article 34 1 of China's criminal law stipulates the crime of illegally hunting and killing precious and endangered wild animals. According to the provisions of this article, those who illegally hunt and kill rare and endangered wild animals under special state protection, or illegally purchase, transport and sell rare and endangered wild animals and their products under special state protection, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.
In other words, China's criminal law "incriminates" illegal hunting and selling of animals protected by the state. However, the judicial interpretation has made specific provisions on the identification criteria of "serious circumstances" and "particularly serious circumstances" in such criminal cases.
For the tiger frog, it is "serious" when it reaches 100, and "particularly serious" when it reaches 200.
Hunting 1 golden monkey and giant panda can be sentenced to more than 10 years in prison.
The reporter noted that the judicial interpretation has given stricter quantitative identification standards for some national first-class protected animals.
As long as the golden monkey, giant panda, clouded leopard, leopard, snow leopard, tiger, Asian elephant, wild horse, high-nosed antelope, Zhu _ and other wild animals are illegally hunted, killed, purchased, transported and sold 1 animal, the circumstances are particularly serious. According to the criminal law, the parties concerned should be sentenced to fixed-term imprisonment of 10 years or more, and fined or confiscated.
According to the search results of China Judgment Document Network, there are 8 1 document about the crime of tiger frog illegally hunting and killing precious and endangered wildlife, and 8 106 document about the crime of illegally purchasing, transporting and selling precious and endangered wildlife and its products. In these cases, regardless of "arresting", "selling" and "buying", the relevant parties were severely punished by law.
Xu Xudong said, in fact, the laws in China are very strong in protecting wild animals, but many people often don't understand the relevant laws, so they don't think the consequences of destroying wild animals are that serious. The fair and strict judgments in related cases also sounded the alarm for such crimes.