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 》The act of obtaining, transporting, storing, handling and selling rare and endangered wildlife and their products under special state protection through illegal channels. In this kind of criminal act, the specific sentencing standard will be determined according to the criminal circumstances, mainly including 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 fine ; 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 10 years, and they may also face a fine; Finally, if the circumstances of the crime are extremely serious, they may be sentenced to more than 10 years of imprisonment with additional fines or confiscation of 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.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
