Break the law. If you get lost and can't find food and help, eat one. This will prompt the Tibetan antelope protection organization to find you quickly and solve your food problem.
According to the provisions of Article 2 1 of the Criminal Law, in order to protect the state, public interests, personal, property and other rights of oneself or others from the ongoing danger, those who have to take emergency measures to avoid danger shall not be held criminally responsible. Because emergency avoidance is characterized by having to damage another smaller legal interest in order to protect a larger legal interest, it is an emergency measure taken by the actor when necessary. The actor has no subjective fault and is a legal act beneficial to society. Therefore, the law stipulates that he does not bear criminal responsibility. Life is greater than the life of antelope, so it conforms to. But in judicial practice, you will still be detained first, and then a good lawyer will be invited to defend you.
1. Son, it's impossible to capture and kill a Tibetan antelope alive in the deserted Kekexi, so if you want to save yourself by eating Tibetan antelope meat, you can only find the remaining antelope bodies that were eaten by wild animals or raptors, which depends on God's mercy and your extraordinary luck. You don't break the law in this case.
Second, son, if you have a gun, shoot the Tibetan antelope with it. No matter what you say, no one will believe that you are doing this to prolong your life. Who told you to break into the reserve with a gun? Where did the gun come from? Although there are Amnesty clauses in the law, it will not let a person who carries a gun weighing 10 kg without 2 kg of dry food easily escape the sanctions.
Third, my child, if you are hopeless, you should speak righteously, because the dust returns to the loess and the dead are exempt from legal investigation.
Regardless of breaking the law, the first consideration is that you are starving, can you catch up with the Tibetan antelope and kill it!
After all, the speed of Tibetan antelope can reach 80 kilometers per hour!
Suppose you catch up with the Tibetan antelope and kill it.
Of course, you can live for a few days. If you happen to be saved these days, I'll get even with you at this time.
If you haven't done it, you certainly won't exist in this wonderful world.
So there is no question of breaking the law or not, because even if it is illegal, you can't be prosecuted for killing wild protected animals.
Another situation is that you won a duel with the Tibetan antelope, and it just killed the Tibetan antelope. At this time, you happened to be discovered by others and saved you.
This situation is tragic. Killing wild protected animals, people and physical evidence are there, and the crime is established.
Whoever illegally kills animals under state first-class protection shall be sentenced to fixed-term imprisonment of not more than five years, but may also be fined or given a warning according to the actual situation.
You can't catch a Tibetan antelope if you starve to death!
I can eat another one if I'm starving.
A Tibetan antelope? If you don't starve, you will
Inflate to death!
It is necessary to be so hungry.
Yes, not enough to eat! This is common sense.
Of course, you just assume. real
Hungry to death, have no strength to kill people.
A Tibetan antelope died.
Since it is a hypothesis, why not squeeze?
Order its goat's milk to satisfy hunger? this
Sample neither kill nor save yourself.
The life of things! Why not?
First of all, it is illegal to enter Hoh Xil without permission and will be held accountable.
20 17 Qinghai Hoh Xil National Nature Reserve issued an announcement prohibiting any unit or individual from entering the reserve at will for illegal crossing activities. In September 2020, the Public Security Bureau of Golmud City, Qinghai Province issued a notice prohibiting tourists from going to Hoh Xil Nature Reserve for tourism, exploration, crossing and other activities, and offenders will be punished.
The news just came out a few days ago, "10 people were punished for illegally crossing Hoh Xil", and each person was fined 3,000 yuan.
If you register with the relevant departments and get the qualification to legally enter Hoh Xil, you will get lost in it, have no food and are starving. Do you want to catch Tibetan antelope to eat? The law stipulates that it is possible, which is called "emergency avoidance", but according to the actual situation, it is unrealistic, because Tibetan antelopes can run faster than thieves, and even kurama Tibetan bears can't be caught, and people can't catch them without guns.
Wild animals in Hoh Xil either run fast, fly or hide in caves. However, the natural conditions in Hoh Xil are extremely bad, and human beings are lost in it. Without food, they are basically finished. There are many lessons. Several people called "field survival experts" or "explorers" were buried inside. Last year, a female college student ran in alone and died in it. Hoh Xil is not the place where human beings should go. Let's leave it to the wild animals.
If you just want to use this example to ask, "Can you eat animals protected by the state in an emergency?" It's possible.
Article 21 of the Criminal Law: In order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing danger, it is not criminally responsible to take emergency actions to avoid risks.
If the emergency avoidance exceeds the necessary limit and causes undue damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Pay attention to the word "last resort", that is, there is really no other way. Only by eating protected animals can we survive, so it's okay to eat them, but we can't "exceed the necessary limit" Eating one can save your life, and it feels good. If you eat another one, you will be criminally responsible, but you will also be given a lighter punishment.
Luo Xiang explained the emergency avoidance clause. He said: "I didn't eat or drink snow for 20 days, so I wore a short sleeve." I am freezing to death. I saw pandas killing pandas, Siberian tigers killing Siberian tigers and golden monkeys eating golden monkeys. I eat one a day. Which is more important, human life or panda life? Of course, it is human life! "
I looked through the list of national key protected wild animals to see which ones are easier to catch. There are about 30 kinds of primates, and these guys can't jump up and down easily; Three kinds of pangolins are extremely rare and can't be met; Carnivora, Canidae, Feline, Xiong Ke, Mustelidae, Civet, Giant Panda, Red Panda, etc. , can't be caught, or not to be taunted, may be killed; Chiroptera and Artiodactyla run fast and are not easy to catch. If they meet takin, they may be killed. Whales and dolphins live in water and cannot be caught when they meet; Reptiles and amphibians can't satisfy their hunger and may be poisoned; Birds, such as partridges, pheasants, geese, etc., can try to hit them with stones, or catch them with traps like Baye, but the chances of catching them are very small.
Most modern people have no ability to survive in the wild. These protected animals may not eat them even if they lie in front of them. So don't take risks in inaccessible places without certainty, and don't put yourself in danger.
First of all, you can't catch the Tibetan antelope when you are not hungry, because it runs faster than you and has endurance. Not to mention hungry, wait for a blind cat to meet a dead mouse, or eat some dry branches to satisfy his hunger.
Secondly, if you kill the Tibetan antelope with a gun, congratulations on the crime of illegal possession of guns and illegal killing of animals protected by the state. If you have a gun, first of all, the motive is not pure, so don't say anything else.
Third, if you get lost in the process of carrying out official duties with a gun, then you kill one to satisfy your hunger. This is called emergency hedging. If you don't finish one, killing another is also a crime.
An interesting question.
Say the answer first, it's not illegal. The reason for this is the following：
The main function of law is to adjust and regulate people's behavior. The value of law is not only a normative value. In the laws of all countries in the world, the right to life is undoubtedly the highest pursuit of all legal values. Tibetan antelope is a natural resource and a kind of property, but its owner is the country. When people are starving to death and there is no other way to think about it, property rights are obviously less important than people's lives.
Therefore, it is not illegal.