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Penalties for catching and killing animals under third class national protection

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Penalties for catching and killing animals under third class national protection


        

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Favorable reply
  • 2024-06-17 02:00:49

    It is not against the law to kill only the third class national protected animals. The "rare and endangered wild animals" specified in the first paragraph of Article 341 of the Criminal Law include the wild animals under national first and second level protection listed in the list of wildlife under national key protection, the wild animals listed in Appendix I and Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the domesticated and bred species mentioned above. Whoever illegally hunts, catches or kills rare or endangered wildlife under special state protection, or illegally purchases, transports or sells rare or endangered wildlife under special state protection and its products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined. Whoever, according to laws and regulations, illegally hunts or kills rare or endangered wildlife under special state protection, or illegally purchases, transports or sells rare or endangered wildlife under special state protection and its 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 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.

    Legal basis

    Article 341 of the Criminal Law of the People's Republic of China [Crimes of Endangering Precious and Endangered Wildlife] Whoever illegally hunts or kills precious and endangered wildlife under special state protection, or illegally purchases, transports or sells precious and endangered wildlife 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 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.
    [Crime of illegal hunting] 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 and damages 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.
    [Crime of illegally hunting, purchasing, transporting and selling terrestrial wildlife] Those who illegally hunt, purchase, transport and sell terrestrial wildlife that grow and breed naturally in the wild environment other than those specified in the first paragraph for the purpose of eating in violation of the laws and regulations on wildlife protection and management, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.

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