It should be reminded that according to the Law of People's Republic of China (PRC) on the Protection of Wild Animals, the state protects wild animals and their living environment, and prohibits any unit or individual from illegally hunting or destroying them.
The crime of illegal hunting first targets a wide range of ordinary wild animals. The so-called illegal hunting does not mean that all hunting activities against wild animals are illegal. The key point is that hunting in a game reserve, a game ban period or using prohibited tools and methods will be suspected of violating the law if the circumstances are serious.
China has divided protected areas for the protection of wild animals and seasonal restrictions for animal reproduction. In addition, it is clearly stipulated that "hunting with military weapons, poisons and explosives is prohibited"
When the perpetrator is suspected of the above-mentioned behavior, he will face criminal punishment. Under what circumstances, the circumstances are serious?
According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources? In violation of hunting laws and regulations, hunting in a no-hunting area, during a no-hunting period, or using prohibited tools and methods is illegal hunting in any of the following circumstances: (1) illegally hunting more than 20 wild animals; (two) in violation of hunting laws and regulations, hunting with prohibited tools and methods in the game reserve or during the game reserve; Provisions on heavier punishment, conviction and punishment.
In daily life, such as killing wild boar, there have been many cases of being sentenced for killing wild boar in the past.
Anyone who is suspected of this crime, in accordance with the provisions of the second paragraph of Article 341 of the Criminal Law of People's Republic of China (PRC), violates hunting laws and regulations, hunts in a no-hunting area or during a no-hunting period, or uses prohibited tools and methods to destroy wildlife resources. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
Compared with the above-mentioned crime of illegal hunting, this crime is aimed at more precious wild animals, such as the first-and second-class protected animals stipulated by the state. Therefore, the sentence is heavier and the charge is behavior. Compared with illegal hunting, illegal hunting needs to reach a certain number and certain conditions. As long as a crime is committed, a case will be filed, which is a crime. You can understand that as long as there is one, you have hunting behavior, which is enough for sentencing.
Moreover, according to the judicial interpretation of this crime, sentencing is more related to the degree of animal protection. According to the legal provisions of this crime,
Paragraph 1 of Article 341 of the Criminal Law illegally hunts and kills rare and endangered wild animals under special state protection, or illegally buys, transports or sells rare and endangered wild animals under special state protection and their products, and 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 ten 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 confiscated.
For example, someone once caught a 13 "hairy chicken" with the scientific name Jiejuan because it was a national second-class key protected animal. So he was finally sentenced to ten years in prison.
In addition, pheasants are hunted for their delicious mouths. Results Pheasant was a rare and endangered wild animal and was finally sentenced.
Objectively speaking, basically no one is short of material resources now. Obviously, there are so many chickens, ducks and fish to eat, and there are hospitals to see you, but many people hunt wild animals just for the pursuit of so-called health preservation or even appetite. In the end, he killed the animal and deserved to be sentenced to prison.
I really hope that everyone will be kind to animals, which is also kind to human beings. You don't lack this bite to eat.