The first case of illegal hunting and killing of Chinese sturgeon in the Yangtze River Delta was sentenced, one fisherman was sentenced to one year
In the Yangtze River Delta, the first case of illegal hunting, killing and killing of Chinese sturgeon, a state-level key wildlife, was held in court.
On the afternoon of June 3, the Shanghai Chongming District People's Court opened a public hearing for the case of the defendant Xing Moumou, who was prosecuted by the Shanghai Railway Transportation Procuratorate for the illegal hunting and killing of Chinese sturgeon.
The surging news reporter learned from the court trial that the defendant Xing Moumou was sentenced to one year in prison for the crime of illegal hunting, killing of precious and endangered wild animals, and also needs to compensate for the national aquatic wild caused by the illegal hunting and killing of Chinese sturgeon. Animal resources lost 40,000 yuan, and apologized to the public.
The Shanghai Railway Transportation Procuratorate accused that on August 6, 2019, the defendant Xing Moumou departed from Lianxing Port, Qidong City, Jiangsu Province, and went to Sheshan Island, Chongming District, Shanghai, without obtaining a fishing license. Fishing was carried out in the northern waters, and two rounds of trawling were carried out with a turbine wheel to catch chub, perch, and a suspected Chinese sturgeon.
When Xing Mou removed the above-mentioned fishing goods from the trawl, he found that the suspected Chinese sturgeon was inactive but not yet dead. That is, the Chinese sturgeon was put into the freezer on the ship together with other fishing goods for refrigeration, and he wanted to eat it by himself. Then drive the fishing boat to the gate of the new fishing boat factory on the west bank of Xijia Port in Chongming District, Shanghai.
In the early morning of August 7, 2019, the fishery law enforcement personnel of Chongming District of Shanghai went to Xing Moumou to inspect a fishing vessel and found an illegal fishing fishery and a suspected Chinese sturgeon dead in the freezer on the ship, and then transferred it to the public security organ for continued investigation. Afterwards, the Institute of Forensic Science conducted DNA and age identification of the suspected Chinese sturgeon individual, and confirmed that the body of the fish involved in the case was Chinese sturgeon, which was about 1 to 2 years old and was a juvenile. The Shanghai Wild Animal and Plant Identification Center issued a statement stating that the Chinese sturgeon is a national first-level protected wild aquatic animal.
On August 7, 2019, the defendant Xing Moumou was summoned to the case by the public security bureau, and he truthfully confessed the main criminal facts after the case.
On May 14, 2020, the Shanghai Railway Transportation Procuratorate filed a public prosecution against Xing Moumou for the crime of illegally hunting, killing precious and endangered wildlife, and the Chongming District People's Court opened the case to accept the case.
On the same day that the criminal lawsuit was filed, the Shanghai Railway Transportation Procuratorate also filed a criminal incidental civil public interest lawsuit in this case, demanding that the infringer compensate 40,000 yuan and apologize to the public. The Shanghai Railway Transportation Procuratorate has visited price certification agencies many times to consult and communicate on the overall value of the Chinese sturgeon. According to the price determination, the overall value of the Chinese sturgeon involved was 40,000 yuan.
It is worth mentioning that on the day of the filing, on the afternoon of May 14, the "Regulations on the Protection of Shanghai Chinese Sturgeon" was approved by the 21st meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress. It is the first time in the history of local legislation to establish a law for a fish, and it is a precedent for the legislation of endemic species in China.
At the trial site on June 3, the Shanghai Railway Transportation Procuratorate stated that the defendant Xingmou illegally hunted and killed precious and endangered wild animals under key state protection. His behavior has violated the 340th Criminal Law of the People's Republic of China Article 1, paragraph 1, the facts of the crime are clear, the evidence is indeed sufficient, and criminal responsibility should be investigated for the crime of illegally hunting, killing precious and endangered wildlife. At the same time, Xing Moumou pleaded guilty and pleaded guilty. After arriving at the case and truthfully confessing his crime, he could be given a lighter punishment according to law.
In the end, the court made the above judgment.
Surging news senior reporter Li Jing