The yellow-necked Amazon parrot (scientific name: Amazona auropalliata) is a typical bird climber, with a body length of 38CM, and is a famous expert in learning Chinese. Toe-shaped foot, two toes forward and two toes backward, suitable for grasping, with strong beak and edible hard-shelled fruit. Bright feathers and handsome appearance. Feathers are mostly green. Eyes and iris are orange. Yellow is distributed between the top of the head, eyes, beak and thighs. There is a little red embellishment at the turning point of the wing, and the edge of the feather is yellow-green. The feathers and horns of wings are purple and blue. Habitat in forests, palm trees, open plains, woodlands, agricultural areas, etc. Usually in pairs or groups, the main foods are fruits, berries, seeds, nuts, flowers and plant buds. Distributed in Central America.
2. What level of wildlife protection does this animal belong to?
Included in the Washington Convention CITESⅱII II protected animals.
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National second-class protected wild animals.
3. Pictures of animals
4.XXX was sentenced for selling wild animals. (Briefly summarize a case, case number, anonymity of the suspect and sentencing)
He Ping and Liao Binjie's crime of illegally purchasing, transporting and selling precious and endangered wild animals and their products: criminal judgment first instance.
CaseNo.: (20 19) Shaanxi 0702 Early Punishment 196
It was found through trial that from 2065438 to May 2007, the defendant He Ping was on the Internet, and through this website, He Ping sold all kinds of parrots to the whole country. 20 18 may, Tang moumou (not prosecuted) entered the website through Baidu search. After browsing the website, he added the micro signal left by the homepage of the website with WeChat, and got in touch with He Ping, the owner of the WeChat. Tang Moumou asked He Ping if he had the source of the yellow-necked Amazon parrot, and He Ping immediately asked Liao Binjie if he had the yellow-necked Amazon parrot for sale. After Liao Binjie promised to sell it, He Ping negotiated the price of parrot feed, freight and cage, and finally decided to make a deal at the price of 30,800 yuan. On the basis of this price, He Ping added 5,200 yuan to offer 36,000 yuan to Tang Moumou, and Tang Moumou accepted it. 2065438+On May 24th, 2008, Tang Moumou deposited RMB 36,000 into He Ping's construction bank account. He Ping kept 5,200 yuan after confirming the payment, and the remaining 30,800 yuan was transferred to Liao Binjie's industrial and commercial bank account in four times through Alipay. Colleagues forwarded Tang's delivery address, contact number, consignee and other information to Liao Binjie. After collecting the money, Liao Binjie mailed a yellow-necked Amazon parrot he bought from a bird market in Huangtianba, Chengdu to Hanzhong, and entrusted others to deliver the parrot to Tang Moumou. 2065438+On February 20th, 2009, Hantai Branch of Hanzhong Public Security Bureau entrusted Nanshan Forestry Judicial Appraisal Center of Sichuan Province to identify parrots. The species submitted for inspection is the yellow-necked Amazon parrot, which belongs to the national second-class protected wild animal, and the value involved is 10000 yuan. It was also found out that the defendant He Ping was arrested by the public security organs on June 5, 20 18 165438; On February 5, 20 19, Liao Binjie took the initiative to appear in the case after being verbally summoned by the public security organ, and truthfully confessed the above facts.
We believe that the defendants He Ping and Liao Binjie knew that the yellow-necked Amazon parrot was a rare and endangered wild animal under special state protection, and illegally sold it for illegal benefits. The defendant's behavior violated the first paragraph of Article 341 of the Criminal Law of People's Republic of China (PRC), which constituted the crime of illegally selling precious and endangered wild animals. The People's Procuratorate of Hantai District of Hanzhong City accused the defendants He Ping and Liao Binjie of committing the crime of illegally selling precious and endangered wild animals, and they were found guilty and should be punished according to law. In a joint crime, the two defendants have the same role and are the principal offenders; Defendant He Ping can truthfully confess the facts of the crime after returning to justice, which is a confession and can be given a lighter punishment according to law; After receiving a verbal summons from the public security organ, the defendant Liao Binjie took the initiative to come to the case and truthfully confessed the facts of the crime. He surrendered himself and can be given a lighter punishment according to law; According to the social investigation by the judicial administrative organ where the defendant is located, Liao Binjie can be corrected in the community, and the defendant He Ping does not have the conditions for community correction and is not suitable for community correction. In accordance with the provisions of Article 341, paragraph 1, Article 61, Article 67, paragraph 1, paragraph 3, Article 52 and Article 72 of the Criminal Law of People's Republic of China (PRC), the verdict is as follows:
1. Defendant He Ping was convicted of illegally selling precious and endangered wild animals, sentenced to 10 months' imprisonment and fined 10000 yuan (paid).
(The term of imprisonment shall be counted from the date of execution of the judgment, and one day of detention before execution of the judgment shall be counted as one day of imprisonment, that is, 19 from September to June 3, 2020. )
2. Defendant Liao Binjie was guilty of illegally selling precious and endangered wild animals, sentenced to nine months' imprisonment, suspended for one year, and fined 10000 yuan (paid).