According to the Supreme People's Procuratorate's WeChat public account, on June 6, the Supreme People's Procuratorate released six typical cases of punishing illegal fishing of aquatic products according to law.
The typical cases were the case of 30 people including Chen Mouhua in Qingyuan City, Guangdong Province illegally fishing aquatic products and concealing or concealing the proceeds of crime, the case of Wang Moumou in Dalian City, Liaoning Province, the case of illegal fishing of aquatic products by 44 people including Zhang in Hangzhou City, Zhejiang Province, the case of illegal fishing of aquatic products by 22 people including Gao Mouyuan in Shanghai, the case of illegal fishing of aquatic products by 16 people including Chen Moulong in Changzhou City, Jiangsu Province, and the case of 16 people including Zhao Mouqiang of Tianjin City not prosecuting illegal fishing of aquatic products.
The person in charge of the First Procuratorate Office of the Supreme People's Procuratorate said that procuratorial organs at all levels should not only crack down severely on cases of illegal fishing of aquatic products in accordance with the law, but also distinguish and deal with different situations by category. Continuously strengthen communication and coordination with investigative organs, conscientiously study the problems of judicial difficulties encountered in handling cases, and guide investigative organs to comprehensively and objectively collect fixed evidence. Focus on the whole chain of illegal fishing "catching, harvesting, transportation, and marketing", insist on digging deep into clues, and cut off the chain of interests from the source. On the basis of conscientiously sorting out the facts and evidence of the case, make full use of the legal provisions, and further improve the linkage mechanism between criminal justice and administrative law enforcement. Pay attention to using cases to explain the law to enhance people's awareness of the rule of law, and reduce the occurrence of relevant illegal and criminal acts from the source.
Case one
Chen Mouhua, Qingyuan City, Guangdong Province, and 30 others
illegal fishing of aquatic products, cover-ups,
Cases of concealment of proceeds of crime
【Keywords】
Illegal fishing of aquatic products Concealment and concealment of criminal proceeds Pearl River Basin Linkage of executions Criminal incidental civil public interest lawsuits
【Essence】
Through the working mechanism of "linking executions with executions", procuratorial organs take the initiative to strengthen communication and coordination between departments, and form a joint law enforcement and judicial force to combat illegal fishing of aquatic products; While punishing crimes of destroying fishery resources in accordance with the law, criminals should bear civil liability for ecological restoration and compensation for losses through criminal incidental civil public interest litigation, and increase the cost of crime.
【Basic facts of the case】
From April 2019 to January 4, 2021 defendants, including Chen Mouhua and Chen Mouming, used family members or relatives and friends as a combination of family members or relatives and friends to illegally fish grass carp, silver carp, crucian carp and other river fish for a long time in the section from Datang Town, Sanshui District, Foshan City to Shijiao Town, Qingcheng District, Qingyuan City, and obtained more than 1.24 million yuan in sales. The defendants Lin Mouhua, Wang Mouzhi and six others still purchased the aquatic products sold by Chen Mouhua and others knowing that they were obtained from illegal fishing. After identification, this case caused a loss of more than 195.6 million yuan of aquatic biological resources.
【Procuratorial performance of duties】
This case is a cross-regional and large-scale illegal fishing of aquatic products, and the people involved have been illegally fishing in the prohibited river section for a long time, and even violently resisted the law by colliding with law enforcement vessels, which not only seriously damaged the fishery resources and ecological environment of the Pearl River Basin, but also caused a bad social impact, and the public reacted strongly. In July 2020, the Qingcheng District People's Procuratorate of Qingyuan City (hereinafter referred to as the "Qingcheng District Procuratorate") deployed special crackdown operations through the working mechanism of "connection between execution and execution", and jointly deployed special crackdown actions with the Qingcheng Branch of the Qingyuan Municipal Public Security Bureau (hereinafter referred to as the "Qingcheng Public Security Sub-Bureau") and the district fishery administration department, and held three joint meetings, focusing on the outstanding difficulties caused by criminals' familiarity with waterways, good equipment, fast boat speed, and the difficulty of arrest, evidence collection, and law enforcement risks caused by late night crimes and wandering crimes, and proposed to take "fish collectors" as the starting point. Reverse search for "fisherman" to guide the investigation. The Qingcheng Public Security Sub-Bureau adopted the opinions of the Qingcheng District Procuratorate and organized a net collection operation in January 7, arresting 2021 criminal suspects, seizing 1 large electric fish boats, and freezing 28.9 million yuan of funds involved in the case. In order to further consolidate the evidence, the Qingcheng District Procuratorate, under the guidance of the Qingyuan Municipal People's Procuratorate (hereinafter referred to as the "Qingyuan Municipal Procuratorate"), further submitted guidance to the Qingcheng Public Security Sub-Bureau on issues such as case jurisdiction, number of accomplices, amount of crime, illegal gains, and calculation of compensation losses.
In order to accurately determine the amount of compensation for ecological damage, the public interest litigation department of the Qingcheng District Procuratorate intervened simultaneously to guide the public security organs to verify the time period of the crime (distinguishing between the prohibited and non-prohibited fishing periods), the type of catch, the power of the motor of the fishing vessel committing the crime, the area of the crime, the actual transaction amount, and other evidence and submit it to the appraisal agency, as an important basis for determining the amount of compensation for ecological damage. In accordance with the opinions of the Qingcheng District Procuratorate, the Qingcheng Public Security Sub-Bureau further improved the evidence in the whole case. In February 2021, the Qingcheng Public Security Bureau requested the Qingcheng District Procuratorate to approve the arrest of 2 suspects. During the process of reviewing the arrests, the Qingcheng District Procuratorate urged the other two suspects to turn themselves in.
In May 2021, the public security organs divided the batch of cases into 5 cases and successively transferred them to the Qingcheng District Procuratorate for review and prosecution. After accepting the case, the Qingcheng District Procuratorate actively carried out the work of admitting guilt and accepting punishment, prompting some criminal suspects to voluntarily withdraw the stolen funds totaling more than 13,72 yuan. After review, from June to August 2021, the Qingcheng District Procuratorate filed a public prosecution with the Qingcheng District People's Court (hereinafter referred to as the "Qingcheng District Court") on the grounds that 6 people including defendant Chen Mouhua were suspected of the crime of illegally fishing aquatic products, and 8 defendants including Lin Mouhua were suspected of covering up and concealing the proceeds of crime; Chen Mouhua and 22 others suspected of the crime of illegal fishing of aquatic products filed a criminal incidental civil public interest lawsuit, requiring the 6 defendants to bear more than 22.22 million yuan in expenses such as the loss of aquatic biological resources and the appraisal and assessment; Chen Moumei and Chen Moudi, who committed minor crimes, were dealt with relatively non-prosecuted in accordance with the law, and urged the non-prosecuted persons to release 3322,2 fish fry in the form of breeding and releasing to restore the damaged ecological environment.
From November to December 2021, the Qingcheng District Court successively rendered first-instance judgments on the above cases, convicting Chen Mouhua and 11 others of the crime of illegal fishing of aquatic products, sentencing them to fixed-term imprisonment ranging from two years, four months to seven months, supporting all civil public interest litigation requests of the procuratorate, and sentencing Chen Mouhua and 12 others to compensate for the loss of aquatic biological resources and appraisal and assessment expenses totaling more than 22.22 million yuan; Lin Mouhua and six others were convicted of the crime of concealing and concealing the proceeds of crime, and were sentenced to fixed-term imprisonment ranging from five years and six months to three years' imprisonment, and fined a total of 3322,6 yuan. After the first-instance judgment, Lin Mouzhi and He Moujie appealed on the grounds that the sentences were too severe, Lin Mouzhi and Chen Mouquan appealed on the grounds that the amount of compensation awarded in part of the civil public interest litigation incidental to the criminal was too high, and the Qingyuan Intermediate People's Court upheld the sentences of Lin Mouzhi and He Moujie, and slightly reduced the amount of compensation for Lin Mouzhi and Chen Mouquan's civil public interest litigation.
In response to the rampant illegal fishing and ineffective supervision in the Beijiang River section exposed in this case, the Qingcheng District Procuratorate issued pre-litigation procuratorial recommendations to the district agricultural and rural departments in accordance with the law, urging them to perform their duties in accordance with the law and plug loopholes in law enforcement and supervision. The Qingcheng District Agriculture and Rural Affairs Bureau adopted the procuratorial recommendations, carried out special training for all law enforcement personnel, upgraded law enforcement equipment, and further intensified law enforcement inspections and publicity and education. In order to further conserve the local aquatic biological resources, the agricultural and rural departments of Qingyuan City carried out a large-scale breeding and releasing activity on the national "Fish Release Day" on June 6, and invited the procuratorate of Qingyuan City to jointly carry out scientific popularization and law popularization activities on ecological environmental protection, and achieved good social results.
【Typical significance】
Beijiang is the second largest water system of the Pearl River, rich in fishery resources and outstanding ecological functions. In order to protect the fishery ecological resources in the Beijiang River Basin, the criminal prosecution and public interest litigation departments of the procuratorial organs have strengthened horizontal linkage and strived to break down the barriers of integrated development in the field of ecological environment and resource protection. While intervening in the investigation of the public security organs in advance and putting forward opinions on collecting evidence, the criminal prosecution department shared case leads with the public interest litigation procuratorial department, laying the foundation for all-round and large-scale investigation of criminal responsibility and civil compensation for criminals, and comprehensive restoration of damaged fishery resources. In order to promote the continuous improvement of regional ecological security protection capabilities, procuratorial organs pay attention to the coordinated performance of duties with administrative departments. Through the handling of individual cases, the social governance issues behind the cases are excavated, and the source control is promoted by means of procuratorial suggestions, so as to improve the comprehensive management level of fishery resources protection in the Pearl River Basin.
Case 2
Dalian City, Liaoning Province
Wang's case of illegal fishing of aquatic products
【Keywords】
Illegal fishing of aquatic products Yellow Sea waters Intervene in investigation, guide evidence collection, and prosecute wrongdoers
【Essence】
The crime of illegal fishing of aquatic products at sea often involves a large number of people and large amounts of money, making it difficult to fix and collect evidence on site. Procuratorial organs are to strengthen connection and cooperation with the coast guard and other departments, strengthening coordination on the exchange of leads, information sharing, case handling, and handling of fishery resources involved in the case, to ensure that evidence is fully fixed and crimes are accurately identified.
【Basic facts of the case】
In May 2021, defendant Wang knew that the waters of China's Yellow Sea had entered the summer season fishing moratorium, but still drove his vessel into the above waters to carry out illegal fishing operations on several occasions. During this period, Wang hired Yin Mouming and others through Wang Mougang and Lin Mouyun (both dealt with in separate cases) to use speedboats to transport 5,2898.9 kilograms of illegally caught crabs and 11487,5.145 kilograms of conch. After identification, the total value of the above-mentioned catches was more than <>.<> million yuan.
【Procuratorial performance of duties】
On May 2021, 5, the Zhuanghe Workstation of the Dalian Coast Guard Bureau (hereinafter referred to as the "Zhuanghe Coast Guard") opened a case for investigation. The Zhuanghe Municipal People's Procuratorate (hereinafter referred to as the "Zhuanghe Municipal Procuratorate") was invited to intervene in the investigation in advance, and put forward opinions to the Zhuanghe Coast Police on the collection of evidence such as fishing areas, the identification of illegal nets, the value of catches, and the subjective cognition of criminal suspects. On July 30, 2021, the Zhuanghe Coast Police requested the Zhuanghe Municipal Procuratorate to approve the arrest of Wang for the crime of illegal fishing of aquatic products. The Zhuanghe City Procuratorate made a decision to approve Wang's arrest in accordance with the law. On August 7, the Zhuanghe Coast Police transferred the case to the Zhuanghe City Procuratorate for review and prosecution. During the review, the Zhuanghe Municipal Procuratorate, based on the detail that the catch transported ashore had been packed in a fishing basket marked with the words "seedling" and other words, contacted the local fishing habits of "the word represents everyone", guided the Zhuanghe Coast Guard to further collect and collect relevant evidence, and prosecuted illegal fishermen Wang Moucai and Miao Moumin in accordance with the law, and additionally determined that Wang also had the criminal facts of illegally fishing 9,8 kilograms of conch (worth 31,4490 yuan).
In January 2022, in accordance with Dalian's provisions on centralized jurisdiction of criminal cases of damaging environmental resources, the Zhuanghe Municipal Procuratorate successively prosecuted Wang, Wang Moucai and Miao Moumin to the Shahekou District People's Court of Dalian City (hereinafter referred to as the "Shahekou District Court") on suspicion of the crime of illegal fishing of aquatic products. In June 1, the Shahekou District Court sentenced Wang to one year and six months in prison for the crime of illegal fishing of aquatic products, and sentenced Wang Moucai and Miao Moumin to eight months' imprisonment, suspended for one year, and fined 2022,6 yuan each. After the verdict was pronounced, Wang did not file an appeal, and the first-instance judgment took effect.
【Typical significance】
海洋伏季休渔制度对控制海洋捕捞强度，保护海洋渔业资源和促进渔业可持续发展发挥了重要作用。当前我国海洋伏季休渔制度已覆盖我国管辖的渤海、黄海、东海和南海四大海域。为深入推进海洋生态文明建设，切实保护海洋渔业资源，检察机关聚焦关键海域，坚持最严格法治，从严惩治违反海洋伏季休渔规定的非法捕捞犯罪。加强与侦查机关的沟通协作，对在办案中遇到的司法难点堵点问题认真研究，引导侦查机关全面客观收集固定证据；对证明捕捞、收购、销售等上下游犯罪的证据全面梳理，引导侦查机关全链条打击、全方位精准惩治犯罪，确保海洋伏季休渔秩序良好稳定，渔业资源得到休养生息。
案例三
浙江省杭州市张某等44人
非法捕捞水产品案
【关键词】
非法捕捞水产品 钱塘江水域 宽严相济 检察协同履职 行刑衔接
【要旨】
检察机关办理非法捕捞水产品犯罪案件，既依法严厉打击，又区分不同情形分类处理，注重与相关职能部门协同履职，以有力办案促有效治理，达到“办一案，治一方”的办案效果。
【基本案情】
2022年3月至5月，被告人张某等人明知钱塘江干流处于禁渔期，仍在钱塘江水域使用直径为3.8mm的渔网非法捕捞鳗鱼苗3900余尾。经鉴定，张某等人使用的渔网直径均小于国家规定最小网目尺寸，属于国家禁止使用的渔具。
被不起诉人王某某等明知他人实施前述行为，仍提供作案工具并从中获利1700余元。
【检察履职情况】
2022年3月至5月，杭州市公安局钱塘区分局(以下简称“钱塘公安分局”)陆续抓获涉嫌非法捕捞鳗鱼苗的犯罪嫌疑人张某等38人。杭州市钱塘区人民检察院(以下简称“钱塘区检察院”)应钱塘公安分局邀请介入侦查，对案件的证据固定、人员分类处理和上下游犯罪的查处提出意见；建议公安机关准确适用宽严相济刑事政策，除涉及累犯等特殊情形外，可对犯罪嫌疑人采用数字化非羁押措施。按照检察机关的引导取证意见，公安机关又陆续抓获6名犯罪嫌疑人，并对7名情节显著轻微，行为尚未构成犯罪的犯罪嫌疑人作了撤案处理。
2022年5月至7月，钱塘公安分局将涉嫌非法捕捞水产品罪的张某等37人陆续移送钱塘区检察院审查起诉。钱塘区检察院审查认为，张某等3人曾因非法捕捞水产品有犯罪前科或曾受行政处罚，主观恶性较大，应予提起公诉；犯罪嫌疑人孙某某涉嫌犯罪事实不清、证据不足，应作存疑不起诉处理；犯罪嫌疑人王某某等33人均系初犯、偶犯，自愿认罪认罚并积极履行生态环境修复义务，可作相对不起诉处理。
2022年8月12日至15日，钱塘区检察院先后对张某等3人以非法捕捞水产品罪提起公诉。8月31日，钱塘区人民法院以非法捕捞水产品罪判处张某等3人拘役四个月至二个月不等。为加强警示教育，钱塘区检察院在对被不起诉人进行不起诉公开宣告的同时，向周边群众进行现场普法教育；并邀请钱塘区综合行政执法局到场，通过现场送达检察意见书的方式，建议对不起诉人予以行政处罚。钱塘区综合行政执法局采纳了检察意见，对被不起诉人作出没收违法所得并处罚款的处罚。
考虑到本案对钱塘江生态环境的损害，钱塘区检察院按照浙江省检察院关于融合运用检察审查、调查、侦查权的工作规定，将本案公益诉讼线索同步移送杭州市人民检察院(以下简称“杭州市检察院”)审查办理。目前，杭州市检察院已向杭州市中级人民法院提起民事公益诉讼4件，涉案人员已依法缴纳了生态环境修复赔偿款合计29000元。
针对本案暴露出的问题，钱塘区检察院深入钱塘江干流沿岸村社、企业园区开展普法宣传，通过制作宣传册，拍摄普法短视频，组建法治宣讲团，向群众宣讲非法捕捞水产品的危害。杭州市检察机关以本系列案件办理为切入点，联合市公安、农业农村、市场监管等部门常态化开展钱塘江干流水域非法捕捞专项治理，推动钱塘江干流渔业资源和生态环境保护。
【典型意义】
鳗鱼，因经济价值、营养价值高、无法进行人工繁殖，是珍贵的鱼类资源，素有“水中软黄金”之称。钱塘江干流因水域宽阔、水质优良等地理因素，成为鳗鱼栖息繁殖的主要水域之一。近年来，一些人为追逐经济利益，违反法律法规，单独或结伙在禁渔区、禁渔期或使用禁用的工具、方法捕捞鳗鱼苗，对钱塘江的渔业资源和生态环境造成了损害。针对此类涉众犯罪多发态势，检察机关以宽严相济刑事政策为指引，准确区分罪责，分类处理，对于需要追诉的，及时以典型案例等形式做好社会面宣传教育警示工作，以案释法提升民众法治意识，从源头上减少相关违法犯罪行为的发生。
案例四
上海市高某愿等22人
非法捕捞水产品案
【关键词】
非法捕捞水产品 长江流域 全链条打击 引导取证
【要旨】
检察机关惩治非法捕捞犯罪，要立足案件办理，深入追查非法捕捞人员历次作业情况、渔获物去向，对非法捕捞、收购、运输和销售行为进行全链条打击，坚决打掉职业化、团伙化的非法捕捞违法犯罪团伙。
【基本案情】
2020年7月至2021年3月，被告人高某愿、王某飞等人明知长江流域实施“十年禁渔”政策，仍组织被告人周某明等14人在上海市浦东新区大治河以北长江滩涂捕捞蛸蜞，并以每公斤12至14元的价格收购，再打包运至江苏省江阴等地销售。被告人徐某、严某兰、黄某成等5人明知高某愿、王某飞等人销售的蛸蜞系非法捕捞，仍事前商定好交易方式，以每公斤18至30元的价格购进，摘取大螯出售，售价约每公斤400元。至案发，高某愿、王某飞组织非法捕捞蛸蜞合计19525.25公斤(价值352454.5元)。此外，高某愿、王某飞、代某福等三人还多次收购王某付等人从上述水域捕捞的蛸蜞(共计2800余公斤)，加价销售至江苏省南通等地，交易金额达73000余元。
【检察履职情况】
2021年2月17日、3月14日，上海市公安机关先后抓获高某愿、王某飞后，根据上海市办理破坏环境资源保护刑事案件集中管辖的规定，邀请上海铁路运输检察院介入侦查引导取证。上海铁路运输检察院引导公安机关及时收集固定微信记录、转账记录、通话记录等客观性证据，引导公安机关另行追捕到高某愿、王某飞的5名同伙。2021年6月至2022年7月，公安机关先后将高某愿等22人移送上海铁路运输检察院审查起诉。上海铁路运输检察院对全案作了进一步补充侦查，查明各涉案人员在捕捞、收购、运输、销售等各环节中的地位作用，夯实了以高某愿、王某飞为首的，集捕捞、收购、运输、销售于一体的非法捕捞水产品全链条犯罪团伙的犯罪证据。在此基础上，上海铁路运输检察院追加认定该团伙另有非法捕捞3万余斤蛸蜞销售至江阴的犯罪事实；引导公安机关根据高某愿、王某飞犯罪团伙成员的供述，打掉了同在该水域非法捕捞青蟹、弹涂鱼的另一犯罪团伙，抓获涉案人员13名。
2021年7月2日、7月30日、2022年8月12日，上海铁路运输检察院先后以非法捕捞水产品罪，对高某愿、王某飞等20名被告人提起公诉；在认罪认罚并自愿购买鱼苗进行增殖放流的前提下，对未直接实施非法捕捞行为，仅帮助收账和从事劳务的2人，作出不起诉决定。经开庭审理，上海铁路运输法院以非法捕捞水产品罪，分别判处高某愿、王某飞等20人有期徒刑一年六个月至拘役三个月不等。宣判后，所有被告人均未上诉。
针对本案暴露出的长江口滩涂非法捕捞行为较多的问题，上海铁路运输检察院联合上海市农业农村委员会执法总队至案件高发地进行普法宣传。上海检察机关会同上海海事局、上海市农业农村委员会执法总队等单位会签《关于加强长江流域上海段渔业资源保护协作工作备忘录》，凝聚共同保护长江口生态资源合力。
【典型意义】
长江“十年禁渔”是党中央、国务院为全局计、为子孙谋的重要决策，是落实长江经济带共抓大保护措施、扭转生态环境恶化趋势的关键之举。本案中的犯罪团伙以长江滩涂湿地上的底栖动物蛸蜞、蛸蜞为非法捕捞对象，以长江流域重点水域为作案地点，以老乡、亲戚关系为纽带，捕捞人员与收购、运输、销售人员长期勾结，形成“一体化产业链”。该犯罪团伙常采用“即捕即卖”方式，将渔获物迅速运输销往长三角地区，给侦查取证带来较大困难。检察机关聚焦非法捕捞“捕、收、运、销”全链条，坚持深挖线索、整合多案证据材料、全方位精准打击上下游犯罪；坚持打深打透、厘清交叉犯罪事实、从源头斩断利益链条。持续探索检察办案与生态修复相衔接的工作机制，持续推进认罪认罚从宽与增殖放流等生态修复有效衔接，加大与行政执法部门的协作力度，对重点地域、重点人群加强法治宣传，彰显了检察机关从严惩治长江流域非法捕捞水产品犯罪的坚定决心。
案例五
江苏省常州市陈某龙等16人
非法捕捞水产品、掩饰、
隐瞒犯罪所得案
【关键词】
非法捕捞水产品 掩饰、隐瞒犯罪所得 长江流域 刑事附带民事公益诉讼 诉源治理
【要旨】
为有效打击非法捕捞犯罪，检察机关紧盯非法捕捞“捕、运、销”全链条，在依法追究刑事责任的同时，可依法提起刑事附带民事公益诉讼，诉请法院要求上下游犯罪被告人承担连带赔偿的民事责任并分别承担惩罚性赔偿责任。通过建立政协委员提案与检察建议衔接转化机制，形成政协民主监督与检察法律监督工作合力，有效提升检察机关参与生态环境治理与保护效能。
【基本案情】
2021年5月至9月，被告人陈某龙、王某等11人组成4个团伙，在常州市金坛区长荡湖水域，使用由电瓶、逆变器、抄网等组成的“电捕鱼”工具，多次非法捕捞白条鱼等水产品。被告人张某康、王某华等5人明知陈某龙、王某等人所售水产品系非法捕捞所得，仍然予以收购。经评估，陈某龙等团伙非法捕捞的白条鱼等水产品价值50余万元。
【Procuratorial performance of duties】
This case is the "Yangtze River Fishing Ban 2021 Action" case supervised by the Ministry of Public Security. On September 2021, 9, the Jintan Branch of Changzhou Municipal Public Security Bureau (hereinafter referred to as "Jintan Public Security Sub-Bureau") invited the Jintan District People's Procuratorate (hereinafter referred to as "Jintan District Procuratorate") to intervene in the investigation. The Jintan District Procuratorate submitted guidance and evidence collection opinions to the Jintan Public Security Sub-Bureau on issues such as the perpetrator's subjective intention, the time, quantity, and amount of stolen fishing. The Jintan Public Security Sub-Bureau further consolidated the evidence in the case in accordance with the opinions. On October 28 of the same year, the Jintan Public Security Sub-Bureau requested the Jintan District Procuratorate to approve the arrest of the criminal suspect. While reviewing and approving the arrest, the Jintan District Procuratorate simultaneously carried out the review of criminal incidental civil public interest litigation based on the advantages of the "integration of four inspections" of the professional case-handling team of food and drug environmental resources.
On November 2021, 11, the Jintan Public Security Sub-Bureau transferred the case to the Jintan District Procuratorate for review and prosecution. The Jintan District Procuratorate actively carried out education and interpretation of the law for criminal suspects, prompting all criminal suspects to sign a written plea and punishment, and voluntarily paid a total of more than 25,45 yuan in compensation for damage to fishery resources. After review, the Jintan District Procuratorate made a decision not to prosecute one of the less serious stolen goods, Gong Moufu, and at the same time issued a procuratorial opinion to the public security organ, after which the public security organ punished Gong Moufu in accordance with the law.
In December 2021, the Jintan District Procuratorate, in accordance with the provisions of Jiangsu Province's centralized jurisdiction for environmental resources trials, filed a public prosecution and criminal incidental civil public interest lawsuit with the Jiangyin Municipal People's Court (hereinafter referred to as the "Jiangyin Municipal Court") on suspicion of the crime of illegal fishing of aquatic products by 12 people including Chen Moulong and 11 others suspected of concealing and concealing the proceeds of crime, requiring the 4 defendants and Gong Moufu, who had been relatively not prosecuted, to jointly bear more than 15.156 million yuan in fishery resource loss fees. In view of the damage to the public interest caused by the actions of the 15 defendants and the non-prosecuted person Gong Moufu, the Jintan District Procuratorate filed a request with the court to sentence the 16 people to bear additional punitive damages ranging from 5000,10000 yuan to <>,<> yuan.
On July 2022, 7, the first-instance judgment of the Jiangyin Municipal Court found Chen Moulong and 5 others guilty of illegal fishing of aquatic products, and Zhang Moukang and 11 others guilty of concealing and concealing the proceeds of crime, and sentenced them to fixed-term imprisonment ranging from one year and 4 years to three months of detention; The four defendants who committed the crime of concealing the proceeds of crime were fined a total of 4,24000 yuan; ordered the withdrawal of illegal gains totaling more than 46,<> yuan; Support all civil public interest litigation requests of procuratorial organs. None of the defendants appealed after the verdict was pronounced.
In response to the problem of the destruction of fishery resources in Changdang Lake exposed by this case, the Jintan District Procuratorate led the Changdang Lake Management Office, the Agriculture and Rural Affairs Bureau and other units to hold a joint meeting on the protection of ecological resources in key waters under their jurisdiction, and combined with the case handling situation in recent years, informed the participating units of the status of ecological resources protection in the region and the problems existing in fishery law enforcement, and suggested that the participating units strengthen the construction of "machine defense + civil air defense" in key waters of their jurisdiction to ensure "full coverage and no dead ends" in supervision. In January 2023, relying on the frequent occurrence of fishing-related crimes, insufficient restoration of resource damage, and insufficient linkage of functional units, the Jintan District Procuratorate relied on the frequent occurrence of fishery-related crimes, insufficient restoration of resource damage, and insufficient linkage of functional units found in the handling of this case, to promote CPPCC members to put forward CPPCC proposals at the district "two sessions" to strengthen the protection of the ecological environment and biodiversity in the whole region. In April 1, the Jintan District Procuratorate reached an agreement with the Changdang Lake Management Office to cooperate in the construction of one Changdang Lake ecological restoration base and two biodiversity monitoring points, promoting the issuance of relevant regulations on the management of fishery resources in Changdang Lake, and effectively enhancing the judicial protection of fishery resources in the region.
【Typical significance】
Changdang Lake is located in the upper reaches of the Taihu Lake Basin, which is an important lake in the Yangtze River Basin and is a "small blood vessel" that protects the aorta of the Yangtze River. Procuratorial organs have cracked down on illegal crimes that damage the ecological environment in the Yangtze River Basin, such as illegal "catching, transportation, and marketing". While pursuing criminal liability in accordance with the law, the court may be requested to order those who conceal or conceal the proceeds of crime and illegal fishers to jointly bear joint and several liability and punitive damages in accordance with the provisions of the Civil Code, so as to increase the cost of violation and achieve effective deterrence. Procuratorial organs complete mechanisms for linking criminal justice and administrative law enforcement, and do not prosecute the second half of the article. In-depth investigation and study of the problems found in the handling of cases, from case handling to supervision of similar cases, promote the transformation of ecological resources protection into proposals of CPPCC members, promote the formation of a normalized protection pattern of multi-department prevention and control, and jointly grasp the large-scale protection and governance of the ecological environment in the Yangtze River Basin with greater efforts.
Case Six
Tianjin Zhao Mouqiang and 16 others
Non-prosecution of illegal fishing of aquatic products
【Keywords】
Illegal fishing of aquatic products Haihe River Basin Public hearings Relative non-prosecution Social governance
【Essence】
Procuratorial organs handling criminal cases of illegal fishing of aquatic products shall comprehensively consider the perpetrator's criminal motives, harmful consequences, and other circumstances, take leniency and strictness as the guide, make good use of the relative non-prosecution system, and achieve the effect of "combining prevention and treatment" with punishment.
【Basic facts of the case】
In May 2020 and July 5, the non-prosecuted person Zhao Mouqiang used trawls and other tools to catch wild field snails several times in the North Canal in Wuqing District, Longfeng River and Xigan Canal in Jixian District, and then sold them for more than 2021,7 yuan.
During the fishing ban period, 15 other people, including Yao Mouxin, who were not prosecuted, illegally fished wild field snails in the above-mentioned waters prohibited fishing area, using the same methods, and sold the stolen goods for between 4000,2 yuan and 6,<> yuan.
【Procuratorial performance of duties】
From July to September 2022, the Wuqing Branch of the Tianjin Municipal Public Security Bureau successively transferred 7 cases involving 9 people, including Zhao Mouqiang and Yao Mouxin, to the Tianjin Wuqing District People's Procuratorate (hereinafter referred to as the "Wuqing District Procuratorate") for review and prosecution. The review by the Wuqing District Procuratorate found that these cases had some common points: first, the suspects all had a certain understanding of the illegality of illegal fishing, but their level of awareness of the degree of harm was not high, and they all admitted guilt and accepted punishment after arriving at the case; Second, the perpetrator usually performs well, and has no previous criminal record; Third, the number and value of field snails involved in each case just exceeded the standard for filing and prosecuting cases. In order to properly handle the case in accordance with the law, the Wuqing District Procuratorate visited and investigated the place where the crime was committed, the place where the perpetrator lived, and the surrounding area of the prohibited fishing area, focusing on the degree of ecological damage and social impact in detail. At the same time, the Wuqing District Procuratorate, together with the District Agriculture and Rural Affairs Committee, water affairs departments and other law enforcement units, held a joint special meeting to carefully study the degree of damage to the ecological environment and the application of law. Based on the evidence in the case and the circumstances of the crime, the Wuqing District Procuratorate, after careful study, intends to make a decision not to prosecute Zhao Mouqiang and 11 others on the grounds that the circumstances are minor.
In order to actively accept social supervision and highlight the social effect of judicial case handling, the Wuqing District Procuratorate conducted a centralized hearing on these cases on November 2022, 11. People's congress deputies and representatives of the lawyers' profession are invited to serve as hearing officers, and public security investigators are invited to participate in the hearing. At the hearing, the procurator in charge elaborated on the basic circumstances of the case and the reasons and legal basis for the proposed non-prosecution. After full discussion, the hearing personnel unanimously agreed that the procuratorial organs should relatively not prosecute Zhao Mouqiang and 4 others in accordance with the "Guiding Opinions on the Application of the Leniency System for Guilty Pleas and Punishments" and other provisions of the "two supreme courts and three ministries". After the hearing, the procurator in charge publicly announced the decision not to prosecute Zhao and 16 other people in accordance with the law, and gave them admonition and education on the rule of law. After education, the non-prosecuted person Zhao Mouqiang and others expressed great remorse and self-remorse, deeply apologized for the harm caused by their behavior to local environmental resources, and decided to actively correct and repay the society. Zhao Mouqiang and others were unable to compensate for the cost of ecological restoration, and voluntarily assumed the obligation of ecological restoration by means of labor services, and took the initiative to publicize the dangers and illegality of illegal fishing of aquatic products to the surrounding people.
According to the problems reflected in the case, the Wuqing District Procuratorate issued a procuratorial proposal to the District Agriculture and Rural Committee, suggesting that the intensity of inspections be increased and the latest governance effects should be dynamically supervised. In response to the problem that local residents do not have a proper understanding of the dangers and legal consequences of fishing for aquatic products during the fishing ban period and in the prohibited fishing area, the Wuqing District Procuratorate, together with the District Public Security and the District Agriculture and Rural Committee, organized a series of activities around the canal to popularize the law on fishing ban, distributing more than 500 copies of publicity materials. The Wuqing District Procuratorate also set up a "Wildlife Protection Month" column on the court's WeChat public account, releasing popular science cartoons of typical cases to enhance the public's awareness of protecting the canal ecology.
【Typical significance】
In this case, on the basis of carefully sorting out the facts and evidence of the case, the procuratorial organ made full use of the legal provisions, applied the criminal policy of combining leniency and strictness, and actively explored the standard of non-prosecution in a type of case. For offenders who commit illegal fishing of aquatic products whose subjective malignancy is not deep and the harm is relatively small, a decision not to prosecute is made on the basis of full argumentation, taking into account the circumstances of the crime, the attitude of admitting guilt and repentance, and the amount of the crime. Do a good job of explaining the law and reasoning for those who are not prosecuted, and increase the effectiveness of case handling through publicity and education on the rule of law. At the same time, comprehensively analyze the causes of such cases, carry out in-depth publicity on the rule of law for coastal residents and migrant workers, and prevent and reduce the occurrence of cases from the source.
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