How to Sentence the Completed Crime of Unlawful Killing Endangered Wildlife in the New Criminal Law
Lawyer's analysis:
According to relevant laws and regulations, the crime of illegal hunting of endangered wildlife refers to the violation of《 Wildlife Protection Law 》By Illegal The act of obtaining, transporting, storing, handling and selling precious and endangered wildlife and their products under state protection. In this case criminal act Medium, specific Sentencing standard Will be based on Crime Of Criminal circumstances It mainly includes the following aspects: First of all, if the crime is minor, it will be punished for less than five years fixed-term imprisonment or criminal detention , and may be sentenced punish Gold; Secondly, if the circumstances of the crime are relatively serious, they may be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also face fine Punishment; Finally, if the circumstances of the crime are extremely serious, you may be sentenced to more than 10 years of imprisonment with additional fines or confiscation personal property 。
Legal basis:
Article 341 of the Criminal Law
Illegally hunting or killing rare and endangered wildlife under special state protection, or illegally purchasing, transporting or selling rare and endangered wildlife under special state protection and their products;
Sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine;
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 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 of property.
Whoever, in violation of the hunting laws and regulations, hunts in an area or during a season closed to hunting or uses prohibited tools or methods, thus damaging 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.
Whoever, in violation of the laws and regulations on the protection and administration of wildlife, illegally hunts, purchases, transports or sells terrestrial wildlife that grows and breeds naturally in the wild environment other than those specified in the first paragraph for the purpose of eating, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
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