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Judgment Pronounced on the First Case of Killing Chinese Sturgeon in the Yangtze River Delta
[2020-06-03]

 Court: Such Behavior Constitutes the Crime of Illegally Catching or Killing Precious and Endangered Species of Wildlife under Special State Protection   

Defendant Sentenced to One Year's Imprisonment with a Fine of RMB 5,000 yuan and a Compensation of RMB 40,000 yuan

On June 3, 2020, the Chongming District People's Court of Shanghai (hereinafter referred to as the "Shanghai Chongming Court") held a public hearing and pronounced a judgment in court on a civil public interest litigation incidental to criminal proceedings filed by the Shanghai Railway Transport Procuratorate against Xing for illegally catching and killing precious and endangered species of wildlife under special State protection.

 

This is the first case involving illegal catching and killing of Chinese sturgeon in the Yangtze River Delta region. On May 14 when this case was accepted by the Shanghai Chongming Court, China's first local legislation on the protection of specific species in the Yangtze River Basin, Regulations of Shanghai Municipality on the Protection of Chinese Sturgeon was formally adopted.

 

[Case Review] 

On August 6, 2019, the defendant, Xing, drove a self-purchased fishing boat to the northern waters of Sheshan Island in Chongming District and without a fishing permit, used a trawl to catch one suspected live Chinese sturgeon and a number of spotted silver carps and perches, which were later put in the freezer. The next morning, fishery law enforcement staff of Chongming District seized these catches, which had been dead, on Xing's fishing boat and handed them over to the public security organ for investigation. As identified by Shanghai Wildlife Identification Center and Academy of Forensic Science, the suspected Chinese sturgeon is actually a Chinese sturgeon under first-class State protection. Xing's behavior caused the losses of national wildlife resources totaling RMB 40,000 yuan.

The public prosecution organ instituting the incidental civil public interest litigation held that Xing should be held criminally responsible for illegally catching and killing precious and endangered wildlife under special State protection. As his behavior destroyed the national wildlife resources and damaged the public interest, Xing was also requested to compensate for the losses of national wildlife resources thus incurred totaling RMB 40,000 yuan and make an apology to the public.

During the trial, Xing said that as a fisherman, he's willing to accept the punishment for death of Chinese sturgeon due to his lack of legal awareness and hopes to be forgiven by the public. The defender argued that Xing was a first and casual offender who had truthfully confessed to his crime, and hoped that the court can give a lesser punishment.

 

[Case Study]

 

After the trial, the Shanghai Chongming Court held that the defendant Xing shall be punished according to law as his behavior of illegally catching Chinese sturgeon, which is under first-class State protection, constituted the crime of illegally catching or killing precious and endangered species of wildlife. In view of his voluntary confession and attitude to punishment, he may be given a lenient punishment according to law. However, given that his act caused losses to national wildlife resources and damaged the public interest, he should also bear the civil liability for infringement according to law. It's legally justified for the public interest litigation prosecutor to demand Xing to compensate for the losses of national wildlife resources thus incurred totaling RMB 40,000 yuan and to make an apology to the public.

After nearly two hours of trial, the collegial panel handed down the first instance judgement in court that Xing was sentenced to one year's imprisonment and a fine of RMB 5,000 yuan for the crime of illegally catching and killing precious and endangered species of wildlife; Xing should compensate for the losses of national wildlife resources thus incurred totaling RMB 40,000 yuan and make an apology to the public.

In February 2020, the Standing Committee of the National People's Congress made the Decision to Comprehensively Prohibit the Illegal Trade of Wild Animals, Break the Bad Habit of Excessive Consumption of Wild Animals, and Effectively Secure the Life and Health of the People. On May 14, Shanghai took the lead in promulgating local laws to protect the Chinese sturgeon. The Civil Code, adopted at the third session of the Thirteenth National People's Congress on May 28, stipulates the responsibility for environmental pollution and ecological damage, and clarifies the scope of compensation for ecological environmental damage. The State is paying more and more attention to wildlife protection, and the legal system of wildlife protection is becoming more perfect.

This is the first case of criminal incidental civil public interest litigation concerning wildlife protection concluded by the Shanghai Chongming Court. In this case, the defendant caught and killed the Chinese sturgeon in violation of the national laws and regulations on wildlife protection, destroyed the national wildlife resources, and infringed upon the public interest. Holding the defendant criminally and civilly liable according to law will help to further deter the illegal catching or killing of precious and endangered species of wildlife under special State protection, and meanwhile enhance public awareness of the protection of wildlife and ecological environment.

 

[Relevant Laws]

I. Criminal Law of the People's Republic of China

Article 341 Whoever illegally catches or kills precious and endangered species of wildlife under special State protection or illegally purchases, transports or sells such species of wildlife as well as the products thereof 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 be sentenced to confiscation of property.

...

Article 67 ...

A criminal suspect who truthfully confesses to his crime may be given a lighter penalty although there is no voluntary surrender as mentioned in the preceding two paragraphs; and may be given a mitigated penalty if any especially serious consequence is avoided for his truthful confession.

Article 52 The amount of any fine imposed shall be determined according to the circumstances of the crime.

Article 53 A fine may be paid in a lump sum or in installments within the time limit specified in the judgment. If a fine is not paid upon the expiration of that time limit, the payment shall be compelled. If a person is not able to pay the fine in full, the People's Court shall demand the payment whenever it finds the person has property for execution of the fine. If a person has true difficulties in paying because of an irresistible disaster, the fine may be deferred, reduced or remitted according to the circumstances.

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.

II. Wild Animal Conservation Law of the People's Republic of China

Article 3 Wild animal resources are owned by the state.

...

III. Property Law of the People's Republic of China

Article 4 The real rights of the state, collectives, individuals or any other right holder shall be protected by law and shall not be infringed by any entities or individuals.

IV. Tort Law of the People's Republic of China

Article 15 The methods of assuming tort liabilities shall include:

...

6. compensation for losses;

7. apology; and

...

The above methods of assuming the tort liability may be adopted individually or jointly.

V. Interpretation of the Supreme People's Court on Several Issues Regarding the Application of Law in Environmental Civil Public Interest Litigation

Article 18 For behavior that pollutes environment and destructs ecosystems, causing harm to public interest, the people's courts may require the polluters to bear civil liabilities such as cessation of the infringement, removal of the obstacles, elimination of the danger, restitution, compensation for losses, formal apologies, etc.

VI. Criminal Procedure Law of the People's Republic of China

Article 15 Where a criminal suspect or defendant voluntarily and truthfully confesses to his or her crime, admits to the facts of the crime that he or she is charged with, and is willing to accept punishment, the criminal suspect or defendant may be granted leniency in accordance with the law.

Regulations of Shanghai Municipality on the Protection of Chinese Sturgeon.docx    

 

(Authors: Zhu Haojie and Yu Siyuan, Shanghai Chongming Court)

 

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