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Sparrows are not rare and endangered wild animals, so it is not a crime to fight sparrows. However, if the hunting rules are violated and the use of prohibited tools is used to catch.
Killing sparrows is illegal.
1. Article 341 of the Criminal Law [Crime of Illegally Hunting and Killing Precious and Endangered Wild Animals; Illegal acquisition, transportation,
**Crime of Precious and Endangered Wild Animals, Precious and Endangered Wildlife Products] Illegal hunting and killing of precious and endangered wildlife products under national key protection
Endangered wild animals, or rare or endangered wild animals and their products that are illegally purchased, transported, or protected by the state.
where not more than five years imprisonment or short-term detention is to be given, and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given. Paragraph 2 Violation of hunting.
Regulations, hunting in prohibited areas, hunting ban periods, or using prohibited tools and methods, destroying wildlife resources, and the circumstances are serious.
shall be sentenced to up to three years imprisonment, short-term detention, controlled release or a fine.
2. According to the above provisions, there are two circumstances that constitute this crime, one is that the hunting and killing of rare and endangered wild animals is investigated.
Sparrows are not rare, endangered wild animals, so no matter how many you kill, it will not constitute a crime; The second is to violate the hunting laws and regulations, and it is prohibited.
Hunting areas, hunting ban periods, or the use of prohibited tools or methods for hunting, destroying wildlife resources, and the circumstances are serious, such situations.
The most likely thing for ordinary people to touch is to hunt using prohibited tools, so that they don't need to think about whether they are killing sparrows or blacks.
Crows, as long as the method is illegal, it may constitute this crime.
3. Therefore: in the first case, it is not a crime to hunt sparrows; In the second case, the illegal party is used.
Hunting sparrows, no matter how many they are, can be a crime.
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8,000,000. Harmful things should not be left behind'!!Sparrows steal people's food every day. It is also a nationally protected animal. How can it be sentenced, who told the sparrow to steal food every day. 900,000 is about the same.
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Sparrows have been listed as national (China) second-class protected animals, and if they catch 20 or more birds at a time, they will be punished by law.
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The sparrow should be added to the list of four evils, and now it has become a disaster.
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Hitting more than 20 sparrows will constitute a crime and criminal responsibility must be investigated in accordance with the law. Because the law stipulates that if hunting is carried out in a hunting ban area, during a hunting ban period, or using prohibited tools or methods, destroying wildlife resources, and is suspected of one of the following circumstances, a case shall be filed for prosecution:
1) Illegally hunting 20 or more wild animals;
2) Hunting using prohibited tools or prohibited methods in a game reserve;
3) Hunting with prohibited tools or prohibited methods during the hunting ban period;
4) Other situations where the circumstances are serious.
Legal basis] Paragraph 2 of Article 341 of the Criminal Law, violating hunting regulations by hunting in prohibited areas, during prohibited hunting periods, or by using tools or methods prohibited from Xianshu Brigades, destroying the resources of wild animals, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or a fine.
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1. As long as the number of sparrows killed is sentenced.
1. Killing 20 sparrows is enough for sentencing. Sparrows have been listed as national protected animals, so even if the person concerned does not catch them during the hunting ban period and in the hunting ban area, it is still illegal; According to the interpretation of laws and regulations, it is illegal to illegally capture more than 20 wild animals; Finally, due to the huge number of captures and the use of prohibited hunting tools, the circumstances of the case are serious, and the relevant departments can increase the punishment according to the circumstances.
2. Legal basis: Article 341 of the Criminal Law of the People's Republic of China.
Crime of Endangering Precious or Endangered Wildlife] Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or kills rare or endangered wildlife under key national protection and the products thereof, is sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
Illegal hunting] Whoever violates hunting laws and regulations by hunting in a hunting ban area, during a hunting ban period, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
Crime of Illegal Hunting, Acquisition, Transportation, and **Terrestrial Wildlife] Where regulations on the protection and management of wildlife are violated by illegally hunting, purchasing, transporting, or naturally growing and breeding terrestrial wildlife in the wild for the purpose of eating, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.
Article 6 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources.
Illegal hunting is "serious" if one of the following circumstances violates hunting laws and regulations by hunting in a hunting ban area, during a hunting ban period, or by using prohibited tools or methods:
1) Illegally hunting 20 or more wild animals;
2) Violating hunting laws and regulations by using prohibited tools or methods for hunting in prohibited areas or during hunting ban periods;
3) There are other serious circumstances. It can be seen that the act of catching sparrows has violated the relevant laws of our country.
2. How long is the sentence for killing a sparrow?
Sparrows are three protected animals in our country, and are listed in the list of second-class protected animals in our country, hunting sparrows is an illegal act, suspected of illegal hunting of wild animals, under normal circumstances, killing a sparrow will not be sentenced, if the circumstances are serious, sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and fined; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given.
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Hitting eight sparrows is a crime of illegal hunting and killing of rare and endangered wild animals, and is generally punishable by up to three years in prison, criminal detention, surveillance or a fine. Sparrow is a general name for 27 species of small birds of the genus Sparrow in the family Ornithidae, and its upper body is generally brown and black with miscellaneous, so it is commonly known as sparrow.
[Legal basis].Article 341 of the Criminal Law.
Illegal hunting and killing of rare and endangered wild animals:
Anyone who illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or illegally purchases rare or endangered wildlife under key national protection and the products thereof, is sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment and a concurrent fine or confiscation of property is to be given. Violating hunting laws and regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying the source and destroying wildlife resources, and the search for ethnic groups is serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
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Legal Analysis] Hitting more than 20 sparrows will constitute a crime. In accordance with the provisions of relevant laws, where hunting is carried out in a hunting ban area, during a hunting ban period, or where prohibited tools are used to destroy wildlife resources, and any of the following circumstances are suspected, a case shall be filed and prosecuted: (1) Illegally hunting more than 20 wild animals, (2) Hunting using prohibited tools or prohibited methods in the prohibited hunting area, (3) Hunting using prohibited tools or prohibited methods during the hunting ban period, (4) Other serious circumstances.
Where sparrows are second-class national protected wildlife and illegally hunt 20 or more wild animals under national key protection in prohibited areas, hunting prohibited periods, or using prohibited tools or methods, and violating hunting laws and regulations, hunting in prohibited areas, hunting periods, or using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, shall be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.
Legal basis] Criminal Law of the People's Republic of China" Article 341 Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or illegally purchases rare or endangered wildlife under key national protection and the products thereof, is sentenced to up to five years imprisonment or short-term detention and a concurrent fine; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given; where the circumstances are especially serious, the sentence is to be 10 or more years imprisonment and a concurrent fine or confiscation of property. Whoever violates hunting laws and regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying wildlife resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine. Where regulations on the protection and management of wildlife are violated by illegally hunting, purchasing, transporting, or naturally growing and breeding terrestrial wildlife in the wild other than those provided for in the first paragraph of ** for the purpose of consumption, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.
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Legal analysis: Sparrows are national second-class protected animals that will only be sentenced to prison for killing 20.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Liquid Law in the Trial of Criminal Cases of Destruction of Wildlife Resources" Article 6: Illegal hunting of 20 or more wild animals in prohibited areas, during prohibited hunting periods, or using prohibited tools or methods, in violation of regulations on hunting, is "serious circumstances".
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Legal analysis: Sparrows are national second-class wilderness protected animals, and 20 will be sentenced for killing.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of the Law on Sensitive Blindness in the Trial of Criminal Cases of Destruction of Wildlife Resources" Article 6: Illegal hunting of 20 or more wild animals in prohibited areas, during prohibited hunting periods, or using prohibited tools or methods in violation of hunting laws and regulations is "serious circumstances".
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