□ Our reporter Zhang Xuehong
Recently, the People's Court of Miyun District, Beijing opened a court hearing on a criminal case of illegal hunting accompanied by a civil public interest lawsuit. Four defendants were sentenced to 6 to 7 months in prison, and one defendant was sentenced to 5 months of criminal detention.
The court also ruled that the 5 people should jointly compensate the loss of national wildlife resources of 1,800 yuan and jointly bear punitive damages of 3,600 yuan, and issued an apology statement in the media above the municipal level.
It is reported that this is the first public interest litigation case in Beijing in which a defendant who hunted and killed wild animals was awarded punitive compensation and ordered to apologize.
On April 28 this year, Liu Jia contacted Dong Wu and other four people to go to Miyun, Beijing to illegally hunt wild animals.
From 23:00 on April 28 to 2:00 on April 29, five people drove to several forests in Taishitun Town and Gaoling Town, upstream of Miyun Reservoir, using slingshots, slingshot guns, compound bows and other prohibited tools, and used Strong lighting, thermal imagers and other professional equipment, using prohibited methods such as hunting with night lighting, captured 6 wild animals.
After identification, the 6 wild animal species are pheasants, which are terrestrial wild animals with important ecological, scientific and social value protected by the state, and the overall value is 1,800 yuan.
The Miyun District People's Procuratorate prosecuted the five defendants for illegal hunting, and at the same time filed an attached civil public interest lawsuit, requesting that the five defendants be jointly and severally liable for the loss of national wildlife resources, bear punitive damages and make a public apology according to law.
It is understood that the entire area of Beijing is a sanctuary for hunting, and the whole year is a sanctuary for hunting.
The Miyun court held that Liu Jia and other five defendants violated hunting regulations by using prohibited tools such as slingshot guns in restricted hunting areas and hunting periods, and using prohibited methods such as strong lighting and night lighting to hunt. constitute the crime of illegal hunting.
During the trial, the five defendants realized that their actions had caused serious damage to the ecological environment and violated the criminal law, and they all expressed their willingness to admit guilt and accept punishment.
The court made the above-mentioned criminal judgment in accordance with the law.
In addition, the court held that the illegal hunting and killing of wild animals by the five defendants caused the loss of national wildlife resources, destroyed biodiversity and ecological balance, and harmed social and public interests. Bear punitive damages of 3,600 yuan, and order to publish an apology statement approved by the court in the media above the city level.
The judge in charge of this case stated that my country’s criminal law stipulates that “those who violate hunting laws and regulations, hunt in restricted hunting areas, prohibited hunting periods, or use prohibited tools and methods, and destroy wild animal resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention. , control or fines”; the Civil Code also stipulates that “if the infringer violates the law and intentionally pollutes the environment or damages the ecology and causes serious consequences, the infringed has the right to request corresponding punitive compensation.”
The court severely punished the crime of destroying wildlife resources, judged compensation for the loss of national wildlife resources in accordance with the law, assumed punitive compensation liabilities, and made a public apology, which effectively deterred illegal hunting and catching of wild animals and protected Beijing's important surface drinking water sources with the power of the judiciary Land and water resources strategic reserve base.
At present, many suspects have been taken criminal coercive measures, and the case is being further processed.