The Supreme People's court and the Supreme People's Court issued judicial interpretations to punish crimes of destroying wildlife resources

2022-04-08

The Supreme People's court and the Supreme People's Court issued judicial interpretations to punish crimes of destroying wildlife resources The Supreme People's court and the Supreme People's Procuratorate jointly issued today the "interpretation on Several Issues concerning the application of law in handling criminal cases of destruction of wildlife resources" (hereinafter referred to as the "interpretation"). The interpretation shall enter into force as of April 9, 2022. In view of the new situation and new problems of the crime of destroying wildlife resources, the interpretation makes efforts from the judicial link to punish the crime of destroying wildlife resources according to law, so as to provide a strong judicial guarantee for promoting the construction of ecological civilization. The interpretation adjusted the conviction and sentencing standards for the crime of destroying wildlife resources. The crime of destroying wildlife resources involves the crime of smuggling precious animals and precious animal products, the crime of illegal fishing of aquatic products, the crime of endangering precious and endangered wildlife, the crime of illegal hunting, and the crime of illegal hunting, acquisition, transportation and sale of terrestrial wildlife. In the past, the judicial interpretation stipulated the conviction and sentencing standards of relevant crimes according to the number of animals involved, and the practice reflected that it could not fully adapt to the complex situation of the case. In view of this, the interpretation no longer focuses on quantity for the crime of destroying wildlife resources, but takes value as the basic conviction and sentencing standard, so as to better reflect the requirements of the principle of adaptation of crime, responsibility and punishment. In judicial practice, we should not only punish the front-end illegal fishing and hunting links, but also punish the follow-up stolen goods selling links. Based on this, the interpretation makes it clear that those who purchase or sell illegally caught aquatic products or illegally hunted wild animals shall be convicted and punished for covering up or concealing the crime. The interpretation also defines the new conviction and sentencing standards for the crime of illegal hunting, acquisition, transportation and sale of terrestrial wild animals for the purpose of food in the amendment to the criminal law (11). The interpretation stipulates that the animals involved are artificially bred. Under any of the following circumstances, the cases involved are generally not treated as a crime; Those who need to be investigated for criminal responsibility shall be dealt with leniently according to law: (1) those listed in the list of artificially bred wildlife under national key protection; (2) The artificial breeding technology is mature and has become a large-scale one. It is used as a base for pet trading and transportation. Next, the Supreme People's court and the Supreme People's Procuratorate will guide local people's courts and people's procuratorates at all levels to strictly implement the provisions of the criminal law and judicial interpretation, give full play to the role of judicial functions, punish crimes of destroying wildlife resources according to law, effectively protect the ecological environment, and maintain biodiversity and ecological balance. (outlook new era)

Edit:Anny    Responsible editor:cc

Source:legaldaily.com.cn

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