Do artificially bred giant pandas count as wild animals?The two supreme People’s Governments issued judicial interpretations on cases involving the destruction of wildlife resources

2022-06-14 0 By

The Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP) today jointly issued the Interpretation on Several Issues concerning the Application of The Law in Handling criminal cases of damaging wildlife resources, which will take effect from April 9, 2022, to severely punish crimes of damaging wildlife resources in accordance with the law and effectively safeguard biodiversity and ecological balance.The judicial interpretation has adjusted the sentencing standards for crimes of destroying wildlife resources.Considering the great differences among different wildlife, the judicial interpretation of the crime of destroying wildlife resources is no longer quantitative, but value as the basic standard of conviction and sentencing, so as to better reflect the requirements of the principle of adaptation of crime to punishment.The judicial interpretation clarifies the handling rules for cases involving artificially bred wild animals.At present, with the improvement of economic and social development and scientific research level, breakthroughs have been made in the artificial breeding of many wild animals, and some rare and endangered wild animals have formed stable artificially bred populations that are completely independent of wild resources.In criminal prosecution, cases involving artificially bred wild animals should not be treated in the same way as those involving wild animals grown and bred naturally in the wild.Therefore, the Interpretation stipulates that cases involving artificially bred animals under any of the following circumstances will not be treated as crimes;(1) those listed in the list of wildlife under State Key protection after artificial breeding;(2) Artificial breeding technology mature, has become a scale, as a pet business, transportation.Going forward, the “two High courts” and “people’s procuratorates” will guide local people’s courts and procuratorates at all levels to strictly implement the criminal law and judicial interpretations, give full play to judicial functions, punish crimes of destroying wildlife resources in accordance with the law, effectively protect the ecological environment, and maintain biodiversity and ecological balance.The handling of cases involving captive-bred wild animals has aroused public concern in recent years.Each district appeared in succession the case that a batch of parrots of business is sentenced, is the animal of artificial breeding such as parrots still wild animal?What about buying and selling parrots?The judicial interpretation has new provisions on this.On the one hand, artificial breeding of wild animals also belongs to the category of wild animals, also within the scope of criminal protection.Many pandas, for example, are bred in captivity.To exclude artificially bred giant pandas from the protection of the criminal law is obviously not in accordance with the law and common sense.On the other hand, artificial breeding of wild animals does have particularity and complexity, which requires specific analysis and differentiated treatment.In this regard, the Interpretation further clarifies the handling rules for cases involving artificially bred wild animals, stipulating that cases involving artificially bred animals under any of the following circumstances will not be treated as crimes;Those who need to be investigated for criminal responsibility shall be dealt with leniently in accordance with the law.With the improvement of economic and social development and scientific research, breakthroughs have been made in the artificial breeding of many wild animals, and some rare and endangered wild animals have formed stable artificially bred populations that do not depend on wild resources at all.According to the first paragraph of Article 28 of the Wildlife Protection Law of the People’s Republic of China, a total of 30 kinds of animals in three batches have been included in the corresponding list of artificially bred state key protected wild animals.Second, artificial breeding technology is mature, has become a scale, as a pet business, transportation.In practice, some wild animals have been artificially bred for a long time and their technology is mature, so criminal prosecution of related cases should be more cautious.Not only the number theory Adhere to the comprehensive discretion in judicial practice, because of our country after wildlife crime judicial interpretation and judicial interpretation on wildlife smuggling crime crime are carried out in accordance with the number of animals involved the related criminal conviction sentencing, under the background of rapid development of economy and society, related cases are difficult to adapt to complex situations.In this regard, the judicial interpretation adjusts the quantity standard of conviction and sentencing to the value standard, so as to better realize the balance of crime and punishment.The “value” here does not only include the market value, but mainly refers to the value determined by the department of wildlife protection under The State Council according to the comprehensive evaluation of the preciousness, endangerment, ecological value and market value of wildlife.After making this adjustment, it is no longer “a crime” for the wildlife with small value, but a comprehensive consideration based on value, reflecting the requirements of the principle of adaptation of crime to punishment.In the cases of illegal fishing, when judicial organs deal with the cases of “two bans”, that is, “the use of electric fish, poisonous fish, fried fish and other prohibited methods or prohibited tools to severely damage fishery resources in the banned areas and the banned season”, it generally constitutes the crime of illegal fishing of aquatic products.However, the quantity of aquatic products captured under the above circumstances varies greatly, some of which are hundreds or even thousands of kilograms, while others are only a few catties with a value of only tens of yuan. Moreover, it is the first offense and all of them will be criminalized, which is quite controversial. The new judicial interpretation has made new norms for this.”Explain” special provisions “two forbidden” standard cases of illegal fishing for aquatic products, depending on the amount of fish, value and fishing methods, tools, such as plot, think to aquatic organisms resources harm obvious lighter, considering the offender voluntarily accept the administrative punishment, positive and plot to repair the ecological environment, can be regarded as a crime if the circumstances are not to prosecute or be exempted from criminal punishment;If the circumstances are obvious and cause little harm, the offender shall not be treated as a crime.This provision gives judicial organs certain discretion, which can comprehensively consider the minimum mesh size of the net, the power intensity of the fishing gear, the proportion of young fish in the catch and other circumstances to judge the specific harm to the fishery resources, so as to realize the proper handling of the case.Those that catch aquatic products in small quantities and of small value but cause great damage to aquatic resources shall also be convicted and punished;No criminal investigation shall be made if the aquatic products caught are of small quantity and value and the harm to aquatic resources is obviously relatively minor.For another example, with the increase of the number of wild animals, the harm caused by wild animals sometimes occurs, and even human injuries occur.Some farmers take preventive measures to hunt wild boar in order to protect their crops from being harmed. In such cases, we should seek truth from facts and take comprehensive measures.(Source: CCTV News)