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Stealing of three albino pearl stingrays with value of 2 million yuan
[2019-07-10]
   

The stingray, also known as stingray, is reputed as the “aquatic living fossil”, with great ornamental value. The pearl stingray is one of the living species of stingray, with the albino pearl stingray as its rarest species. According to the industry market evaluation, the male of albino pearl stingray is about 600,000 yuan to 650,000 yuan per each, while the female is about 800,000 yuan to 850,000 yuan per each.  

Shanghai Jinshan District People’s Court (hereinafter referred to as the “Shanghai Jinshan Court”) concluded a stingray theft case a few days ago. The Defendants Liu and Ma, in collusion with Li, Qu and others, stole three albino pearl stingrays, with value of 2 million yuan. They were sentenced to fixed-term imprisonment of 5 to 11 years and fined 10,000 yuan to 60,000 yuan.

[Case Review]

On February 28, 2016, early in the morning, Mr. Zhou hurried to the public security agency and reported a case, saying that his three stingrays (two male and one female) raised in partnership with Mr. Xie in a zen temple in Jinshan District were stolen.

It turns out that Mr. Xie and Mr. Zhou are both interested in fish. They are raising some stingrays together in a room at the southwest corner of a zen temple in Jinshan District, totaling more than 20 fish in 5 fish tanks. They went to the room early that morning to check the fish, but found three were stolen, all of which were the most expensive ones-albino pearl stingrays, and the purchase price of which were 3.6 million yuan in total.

The public security agency immediately put on record for investigation. After investigation, Ma and other major theft suspects were fixed, and were put online for pursuit. From January 2017 to January 2018, Liu, Ma, Qu, Li and other suspects were arrested.

The principal criminal Liu ran an aquarium before. He visited the zen temple in Jinshan District in 2016 and accidently saw the stingrays raised in the temple. He was very clear about the market price of the stingray and always thought about those stingrays ever since.

In February 2016, Liu commissioned Ma to steal fish from the temple and promised to pay him a high reward after it was done. Ma then asked Li, Qu and some other people for help to steal the fish. On February 25, Ma led these people to drive to the theft site for information gathering. Before the action, Liu showed these people the photos of the ornamental fish, confirmed the location of theft, the required tools and other matters.

In the early morning of February 28, 2016, Ma, together with Li, Qu and others, drove to the temple with oxygen bottles, fishing nets and other tools. According to Ma’s arrangement, Li and some others climbed over the wall and entered the temple to steal the fish, while Qu was responsible for keeping a lookout and Ma and some others were driving and supporting. They stole three albino pearl stingrays in total raised by Mr. Xie and Mr. Zhou in the temple.  

When Ma and others drove back to Shandong province with stolen fish, Liu said that the owner had reported the theft, so he gave up the purchase and asked Ma and others to handle the stolen fish by themselves, and paid Ma and others 42,000 yuan. On the way back, the stolen stingrays are all dead and buried.

According to the evaluation report issued by Shanghai Fisheries Trade Association, the attachment data and relevant description, it is confirmed that the stolen stingrays are albino pearl stingrays (fresh water),that the size of these fish has met the standard of sexual maturity and that they can be used as parent fish, with a total value of about 2 million yuan.

Meanwhile, according to the price investigation issued by the price certificate authority in Jinshan District, it is confirmed that the value of these three stingrays (2 million yuan) concluded in the evaluation report issued by Shanghai Fisheries Trade Association is basically in line with the market price on base data (February 28, 2016).  

[Law Interpretation with Case]

After the trial, Shanghai Jinshan Court held that, the Defendant Liu instigated others to steal citizens’ property by secret means for the purpose of illegal possession, his behavior has constituted theft and the amount concerned is especially huge. The Defendant Liu played a major role in the joint crime, so he is a principal criminal in this case. Liu was sentenced to fixed-term imprisonment of 11 years and fined 60,000 yuan for committing theft.

The Defendant Ma stole citizens’ property with others by secret means for the purpose of illegal possession. His behavior has committed theft and the amount concerned is especially huge. The Defendant Ma played a major role in the joint crime, so he is a principal criminal in this case. Ma was sentenced to fixed-term imprisonment of 10 years and fined 50,000 yuan for committing theft.

The Defendants Li and Qu stole citizens’ property with others by secret means for the purpose of illegal possession. Their behavior has committed theft. Li and Qu participated in the crime under the instigation, organization and command of their accomplices Liu and Ma and received reward from these two people, playing a secondary role obviously different from that of Liu and Ma. Based on the whole case, it can be concluded that these two Defendants played a secondary role in the joint crime and are accessory criminals, and both of them shall be given a lighter or mitigated punishment. These two Defendants truthfully confessed their crime after they were arrested and may be given a lesser punishment. In conclusion, these two Defendants were given a lesser punishment. The Defendants Li and Qu were sentenced to fixed-term imprisonment of 6 years and 5 years respectively and fined 12,000 yuan and 10,000 respectively for committing theft.    

In this Case, Liu was an owner of an aquarium. He commissioned Ma to instigate Li, Qu and others to steal fish and promised to purchase the stolen fish at a high price. Therefore, it can be known that Liu was clear about the value of the stolen fish. Before the implementation of the theft, the accomplices had viewed the pictures of such fish and knew its name and characteristics. In planning the theft, they had also known that the sale price of each fish is as high as 30,000 yuan to 40,000 yuan, which showed that such fish is not a common species. Subjectively, they must have known that the stolen fish are expensive, so there is no misunderstanding. According to Article 264 of the Criminal Law, whoever steals public or private property, if the amount is especially huge, or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property. Therefore, the Court made the above sentences.

[Relevant Laws]  

Criminal Law of the People’s Republic of China

Article 264: Whoever steals a relatively large amount of public or private property, or commits theft repeatedly, or commits burglary, or steals or pickpockets with a lethal weapon, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and be concurrently or separately fined. If the amount is huge or there are other grave circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and be concurrently fined. If the amount is especially huge or there are other especially serious circumstances, he/she shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and be concurrently subject to a fine or confiscation of property.

Article 25: A joint crime refers to an intentional crime committed by two or more persons jointly.

A negligent crime committed by two or more persons jointly shall not be punished as a joint crime; however, those who should bear criminal responsibility shall be individually punished according to the crimes they have committed.

Article 27: An accomplice refers to any person who plays a secondary or auxiliary role in a joint crime.

An accomplice shall be given a lighter or mitigated punishment or be exempted from punishment.

Article 67: Voluntary surrender refers to the act of voluntarily delivering oneself up to justice and truthfully confessing one’s crime after one has committed the crime. Any criminal who voluntarily surrenders may be given a lighter or mitigated punishment. The ones whose crimes are relatively minor may be exempted from punishment.

If a criminal suspect or a defendant under compulsory measures or a criminal serving a sentence truthfully confesses his other crimes that the judicial organ does not know, his act shall be regarded as voluntary surrender.

Any criminal suspect truthfully confesses his crimes even though his act falls out of the voluntary surrender circumstances specified in the foregoing two clauses may be given a lighter punishment; in case extremely serious consequences are avoided due to his truthful confession of crimes, he may be given a mitigated punishment.

Article 64  All money and property illegally obtained by a criminal shall be recovered, or compensation shall be ordered; the lawful property of the victim shall be returned without delay; and contrabands and possessions of the criminal that are used in the commission of the crime shall be confiscated. All the confiscated money and property and fines shall be turned over to the State treasury, and no one may misappropriate or privately dispose of them.

(Written by: Lu Yebo, Shanghai Jinshan Court)

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