Article 34 1 of the Criminal Law stipulates: "Whoever illegally hunts and kills rare and endangered wild animals under special state protection shall be sentenced to fixed-term imprisonment of not more than five 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 10 years and fined; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10, and shall be fined or confiscated. "
As for whether the circumstances are serious or not, it is more complicated. For details, please refer to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources;
Depending on the number and seriousness of the case, there are low penalties, such as illegally killing 20 birds under second-class national protection, which means 10 years in prison and a certain fine. You can ask the law firm for details ~ ~
List of national second-class wild protected animals:
Animals:
Macaque, macaque, Tibetan chief monkey, pangolin, jackal, black bear, brown bear (including black bear), sable, otter (all species), small claw otter, spotted forest cat, civet cat, civet cat, prairie tabby cat, desert cat, jungle cat, lynx, rabbit.
Birds:
Horn? Red neck? , pelicans (all species), boobies (all species), sea cormorants, black-necked cormorants, yellow-billed egrets, rock herons, Hainan tiger spots (open birds), small reeds (open birds) and colored storks. , Spoonbill, Black-faced Spoonbill, Red-breasted Black Goose, White-backed Goose, Swan (all species), Yuanyang, other eagles, Falconidae (all species), Black-Qin Chicken, Liu Thunderbird, Thunderbird, Sickle-winged Bird, Flower-tailed Hazelnut Chicken, Snow Chicken (all species), Blood Pheasant and Red-bellied Pheasant. Bronze winged pheasant, small sandpiper, small green-footed snipe, gray swallow, small seagull, black floating gull, yellow-billed tern, Darkmouth crested tern, black-bellied sand chicken, green dove (all kinds), black-headed fruit dove and yellow dove (all kinds).
Reptiles:
Eupolyphaga Seu Steleophaga, Trionyx sinensis, Eupolyphaga Seu Steleophaga, Tortoise, Green Tortoise, Tortoise, Pacific Tortoise, Leatherback Tortoise, Soft-shelled Turtle, Gecko, Giant salamander, Ye Hailong, Zhenhai Hou and Guizhou Hou.
Fish:
Yellow-lipped fish, Songjiang perch, Creutzfeldt-Jakob fish, Myxocyprinus asiaticus, Down's fish, carp, golden thread fish, Schizothorax prenanti, Japanese eel, Taiwan Province taimen fish, Haliotis diversicolor abalone and amphioxus.
Gastropoda:
Tiger-spotted baby, crown snail, mother-of-pearl, Taiwan loquat, Oxytropis acuminata, Oxytropis latifolia, Anopheles sinensis, Lepidoptera latifolia, Lepidoptera gigantea, iridescent beetle (all kinds), Papilio formosana, Papilio formosana, Papilio formosana.
In fact, in nature, many animals cannot be artificially propagated, and even artificial reproduction is very difficult. With the continuous development of human industrialization and the expansion of activities, many animals have become homeless, let alone reproduce. Land desertification, greenhouse effect, over-exploitation of energy, air pollution and water pollution seriously threaten the survival of human beings, animals and plants. Otherwise, there will be no new places to announce endangered protected animals every year. No person, unit or organization may kill or sell animals under state protection. Otherwise, you will bear the corresponding legal responsibility.
How to punish the capture of second-class protected animals According to Article 16 of the Wildlife Protection Law, hunting and killing of wildlife under special state protection are prohibited. Because of scientific research, domestication and breeding, exhibition or other special circumstances, it is necessary to hunt and hunt wild animals under special state protection, and must apply to the administrative department of wildlife in the State Council for a special hunting and catching license; Anyone who hunts and hunts wildlife under second-class state protection must apply to the wildlife administrative departments of provinces, autonomous regions and municipalities directly under the Central Government for a special hunting and catching license.
The specific punishment depends on whether the circumstances are serious. The standard of circumstances refers to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources. If it is not serious, it will generally not be sentenced, but will only be fined. Refer to Article 341, Section 6, Chapter 6 of the Criminal Law of People's Republic of China (PRC):
Crime of illegally hunting and killing precious and endangered wild animals; Crime of illegally purchasing, transporting and selling precious and endangered wild animals and their products; Illegal hunting and killing of rare and endangered wild animals under special state protection, or illegal acquisition, transportation and sale of rare and endangered wild animals under special state 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; 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.
Whoever, in violation of hunting laws and regulations, hunts in a no-hunting area or during a no-hunting period or uses prohibited tools and 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.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wild Animal Resources, the "precious and endangered wild animals" as stipulated in the first paragraph of Article 341 of the Criminal Law include the national first-and second-class protected wild animals listed in the List of National Key Protected Wild Animals, the wild animals listed in Appendices 1 and 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the above-mentioned domesticated and propagated species. Article 2 The term "sale" as mentioned in the first paragraph of Article 341 of the Criminal Law includes sale and processing and utilization for profit.
National second-class protected animals-Baidu Encyclopedia
What is the current situation of national wildlife protection? ? Many animals are protected, such as Northeast Tiger, Giant Panda, Golden Monkey, Chinese Sturgeon and common frogs and sparrows.
What are the levels of national wildlife protection? Chapter II Protection of Wild Animals Article 8 The State protects wild animals and their living environment, and prohibits any unit or individual from illegally hunting or destroying wild animals.
Article 9 The State shall give special protection to rare and endangered wild animals. National key protected wild animals are divided into first-class protected wild animals and second-class protected wild animals. The list of national key protected wild animals and its adjustment shall be formulated by the administrative department of wildlife in the State Council and submitted to the State Council for approval and promulgation.
What should I do if I find wild animals protected by the state? According to the provisions of China's Wildlife Protection Law and relevant laws and regulations, the catalogue drawn up by the Ministry of Forestry and the Ministry of Agriculture lists 96 species or species of wildlife under national first-class protection and 0/60 species or species of wildlife under second-class protection. The Catalogue also makes a specific division between aquatic and terrestrial wild animals, and clarifies that the fishery and forestry administrative departments are respectively responsible. 1988 65438+February 10 was approved by the State Council. According to the provisions of the Wildlife Protection Law and relevant laws and regulations. 1989 65438+1October 14 was issued by the Ministry of Forestry and the Ministry of Agriculture. In May, 2000, the Catalogue of Terrestrial Wild Animals Protected by the State, which is beneficial or has important economic and scientific research value, was formulated, and was promulgated and implemented by Order No.7 of the State Forestry Administration in August, 2000.
Crime of Smuggling Wild Protected Animals Whoever smuggles animals under the second-class protection of the State fails to meet the quantitative standards specified in Schedule (1) of this Interpretation or smuggles precious animal products with a value of less than 100,000 yuan is guilty of smuggling precious animals and precious animal products, and shall be sentenced to fixed-term imprisonment of not more than five years and fined.
Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and fined:
(1) Smuggling animals under national first-class or second-class protection, the quantity of which reaches the standard specified in Item (1) of this Interpretation Schedule;
(2) Smuggling precious animal products worth more than 100,000 yuan but less than 200,000 yuan;
(3) Smuggling animals under national first-class or second-class protection, although it does not meet the quantitative standards stipulated in this paragraph, but it has such bad circumstances as causing the death or irretrievability of the precious animal.
Under any of the following circumstances, the crime of smuggling precious animals and precious animal products is "especially serious", with life imprisonment or death penalty and confiscation of property:
(1) Smuggling the first-class and second-class protected animals of the country to meet the quantitative standards specified in Schedule (2) of this Interpretation;
(2) Smuggling precious animal products worth more than 200,000 yuan;
(3) Smuggling animals under national first-class and second-class protection, the quantity of which reaches the standard specified in Annex (1) of this Interpretation, and causes the death or irrecoverability of the precious animal;
(4) Smuggling animals under national first-class or second-class protection, which meets the quantitative standards specified in Annex (1) of this Interpretation, and has serious circumstances such as the ringleader of a criminal group or smuggling with a special vehicle.
Smuggling of animals and their products in Appendices 1 and 2 of the Convention on International Trade in Endangered Species of Animals and Plants shall be carried out with reference to the conviction and sentencing standards for animals belonging to the same family or family specified in the attached table of this Interpretation.
Are sparrows wild protected animals? Sparrows everywhere should not be wild protected animals ... (I guess)
But we can't just trample on them.
If you find an injured sparrow, take good care of it. After all, it is also a lovely and naive little creature. If family members are not allowed to keep them, wrap them up and put them in a safe place.
No fixed person can promise anything to anyone. But at the very least, have a conscience. You must always feel good about yourself ~ ~ ~