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. From a legal point of view, Xiao Yan's plot is particularly serious. The judgment of the huixian city People's Court held that "the defendant Yan had committed several crimes before the judgment was announced and should be punished for several crimes."
Therefore, it is legal and proper for a college student in Xinxiang, Henan Province to be sentenced to ten years for digging a bird's nest. The so-called case of college students digging birds in Henan is actually a case of Yan and Wang Yajun illegally hunting and buying precious and endangered wild animals.
Yan was originally a student of a vocational college in Zhengzhou. After trial, the huixian city court found Yan guilty of two counts and sentenced him to fixed-term imprisonment of 10 years and 6 months. After Yan appealed, Xinxiang Intermediate People's Court upheld the original judgment in the second instance. 20 16 On April 26th, Xinxiang Intermediate People's Court rejected Yan's father, Yan Aimin's retrial appeal. Procedurally, the "case of college students digging birds" has been settled.
Yan was sentenced to 10 and a half years in the case of college students being tagged for digging birds. According to the natural rationality of many people, it is obviously too heavy. Especially compared with some officials who are corrupt for tens of millions of yuan and have a prison term of only 10 years, it is quite easy to give people the impression that the judiciary is lenient to officials and strict to the people.
Extended data:
The events that college students were sentenced to 10 for digging a bird's nest are as follows:
20 14 July14, Yan, a freshman of Zhengzhou Vocational and Technical College in Henan Province, spent his summer vacation in Xiangdilou Village, Gaozhuang, huixian city, Henan Province. When he and his friend Wang Yajun went to the river to take a bath, they found a bird's nest in front of their neighbor's house, so they climbed up with a ladder and dug up a nest of birds. One escaped and one died during feeding.
Later, Yan uploaded the photo of this bird to the circle of friends and QQ group, and some netizens contacted him and said they were willing to buy this bird. He sold seven birds from 800 yuan to a bird buyer in Zhengzhou, two from 280 yuan to a bird buyer in Luoyang, and one from huixian city.
In 20 14, they found another nest and took out four birds. However, as soon as the four birds arrived at Yan's home, they attracted the police of huixian city Forest Public Security Bureau. The next day, they were detained in criminal detention, and in the same year, they were arrested.
20 14, huixian city Procuratorate of Xinxiang City filed a public prosecution with huixian city Court. The huixian city Court of Xinxiang City held three public sessions to hear the case. Make sure that the bird they dug up is a peregrine falcon, which belongs to the national second-class protected animal.
In the year of 20 15, the huixian city court of Xinxiang City decided in the first instance that Yan was sentenced to fixed-term imprisonment of 10.5 years for the crime of illegally purchasing and hunting rare and endangered wild animals, and Wang Yajun was sentenced to fixed-term imprisonment of 10 years for the crime of illegally hunting rare and endangered wild animals, and fined10 yuan and 5,000 yuan respectively.
Zou was sentenced to fixed-term imprisonment 1 year and fined 5000 yuan for the crime of illegally purchasing precious and endangered wild animals. On 20 15, Xinxiang Intermediate People's Court ruled the case and upheld the first-instance judgment of Xinxiang huixian city Court.
On April 26th, 20 16, the Intermediate People's Court of Xinxiang City, Henan Province rejected the retrial appeal of the case of "Yan was guilty of illegal hunting and acquisition of precious and endangered wild animals".
The notice of rejection of the appeal stated: "The original judgment found that the facts were clear, the evidence was indeed sufficient, the conviction was accurate, the sentencing was appropriate, and the trial procedure was legal. The plaintiff's appeal grounds for this case cannot be established and do not meet the conditions for retrial, so it is rejected [2]? . "
On the morning of July, 2065438, KLOC-0, Fu Jian and Yan Aimin went to Henan Provincial People's Procuratorate to lodge a protest with the case application procuratorate, and the prosecution registered.
On July 2, 20 16, the Democracy and Legal Times published an exclusive article: the case of college students' "bird digging" reversed again, and the crime scene was suspected of fraud. In view of the problems involved in media reports, the Political and Legal Committee of Xinxiang Municipal Committee attached great importance to it and immediately instructed the Political and Legal Committee of Huixian Municipal Committee to form an investigation team to conduct a comprehensive and in-depth investigation of the problems reflected in the materials.
Baidu Encyclopedia -7. 14 Case of Henan University Students Digging Birds
Baidu Encyclopedia-Case of College Students Digging Birds
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