How was the man sentenced to electric fish?

On August 1, Chongqing's first case of civil public interest litigation attached to criminal cases in the field of damage to the ecological environment and resource protection was announced, and the defendant Deng Shiping was sentenced to 10 months in prison for the crime of illegal fishing of aquatic products, and also had to bear the responsibility for ecological restoration of fish breeding and release. The defendant pleaded guilty and repented in court, did not appeal, and would actively fulfill his responsibility for ecological restoration, and took the initiative to pay 10,000 yuan in advance for the purchase of fish fry.

According to the prosecutor in charge, Chongqing will be closed to fishing from March 1 to June 30 this year. On March 15, Deng Shiping fished with electric shocks on the railing beach section of the Yongchuan River in the Fenghuang Lake Industrial Park in Yongchuan District, which belongs to the fishing ban zone, and caught kilograms of fish, which was later seized on the spot by the police of the Yongchuan District Public Security Bureau and the law enforcement officers of the Yongchuan District Agricultural Comprehensive Supervision and Law Enforcement Brigade.

According to the appraisal report made by the institute, the diffusion current generated by electrofishing will cause the death or damage of all kinds of aquatic animals it touches, and even if it escapes, its gonadal function will suffer varying degrees of damage, which can easily lead to infertility. The corpses of some of the organisms killed by electric shock sink to the bottom of the water, which will decompose and deteriorate, thus contaminating the water body.

Electrofishing can also cause harm to floating organisms, invertebrates, molluscs, etc., leading to the destruction of the food chain of aquatic ecosystems.

To sum up, the institute made an appraisal opinion, finding that the potential total loss of fish resources caused by Deng Shiping's electroshock fishing during the fishing ban period was about kilograms, and the loss of juvenile fish was about 10,000, and the loss of plankton, invertebrates, and molluscs was difficult to estimate.

On June 28, the Jiangjin District Procuratorate filed a civil public interest lawsuit attached to the criminal case with the Jiangjin District Court. The prosecutor in charge said that the reason for the incidental civil public interest lawsuit was filed in the case was because electrofishing is a devastating and extremely dangerous fishing method. For fish, wherever the electrode goes, both small and large fish are electrocuted, causing serious damage to fishery resources;

For people, due to the use of high-voltage electricity in the electric fish device, the facilities are simple, there are great potential safety hazards, and improper use will even electrocute the electric fish man himself; For the environment, only a small number of fish and other creatures electrocuted by electric fish are taken away by electric fish people, and most of the corpses will sink to the bottom of the water, gradually decaying and deteriorating, endangering the ecological safety of the water body. To sum up, the court submitted a lawsuit request to the court to sentence Deng Shiping to 10 months in prison for the crime of illegal fishing of aquatic products, and to order him to increase the number of adult fish and release 10,000 juvenile fish in electrofishing waters.

During the trial of the case, Deng Shiping confessed to the facts of his crime and criminal acts, and at the same time was willing to bear the attached civil liability, and took the initiative to pay 10,000 yuan in advance for the purchase of fish fry. The Jiangjin District People's Court pronounced the verdict in court after the trial, and all of them supported the litigation claims of the Jiangjin District Procuratorate.

Electric fish are risky and may also be legally responsible, and need to be handled with caution.

Good! In order to protect the environment, crack down on illegal electric fish! It's just that law enforcement in many places is too small! There is no law enforcement in some places!!

Electric fishing is illegal. Electric fishing is an act that endangers public safety, and it involves endangering public safety by dangerous means and is punishable. This kind of behavior is an extinct culling behavior regardless of species and size, which will cause devastating harm to the fishery and can also accidentally injure people, livestock and poultry into the water, endangering public safety.

It is forbidden to use methods that damage fishery resources, such as exploding fish, poisoning fish, and electric fish. It is forbidden to manufacture, sell, or use prohibited fishing gear. It is forbidden to fish in closed areas and during closed fishing periods.

It is forbidden to use nets smaller than the minimum mesh size for fishing. No more than a prescribed proportion of juveniles should be caught. The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods.

The key protected fishery resource species and their fishing standards, fishing ban areas and fishing ban periods, fishing gear and fishing methods that are prohibited or restricted from use, minimum mesh size and other measures to protect fishery resources shall be prescribed by the fishery administrative departments or the fishery administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Anyone who uses methods that destroy fishery resources such as exploding fish, poisoning fish, or electrocuting fish, or who violates the regulations on prohibited fishing areas and fishing ban periods, or who uses prohibited fishing gear, fishing methods, and nets smaller than the minimum mesh size for fishing, or where the proportion of juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal gains shall be confiscated and a fine of not more than 50,000 yuan shall be imposed;

if the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; where the circumstances are especially serious, the fishing vessel may be confiscated; where a crime is constituted, criminal responsibility is pursued in accordance with law. In the fishing ban area or during the fishing ban period to sell illegal catches, the local people's fishery administrative departments at or above the county level shall promptly investigate and deal with it.

Anyone who manufactures or sells prohibited fishing gear shall have the illegally manufactured or sold fishing gear and illegal gains confiscated, and shall be fined not more than 10,000 yuan.

The state stipulates what penalties will be imposed on electric fish.

If the circumstances are serious, they will be sentenced.

Electric fish and fried fish are prohibited fishing methods due to serious harm to aquatic resources.

To sum up, on the question of whether electric fish will be sentenced, if the circumstances are serious, you must conscientiously abide by the laws and regulations of our country, do not violate the law, conscientiously abide by the laws and regulations, and be a legal citizen.

Legal basis: Article 340 of the Criminal Law of the People's Republic of China violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited areas, fishing prohibited periods or using prohibited tools and methods, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, surveillance or a fine.

If the circumstances are serious, the maximum sentence will be three years in prison.

Electric fishing is strictly prohibited in China, otherwise it is suspected of constituting the crime of illegal fishing of aquatic products, and the maximum sentence is three years in prison, and a suspended sentence can be applied. The act of electrofishing will be suspected of constituting the crime of illegal fishing of aquatic products, and will be sentenced to up to three years in prison, criminal detention, surveillance or a fine.

Legal basis

Criminal Law of the People's Republic of China

Article 340 Whoever violates the laws and regulations on the protection of aquatic resources by fishing in a prohibited area, during a fishing ban period, or by using prohibited tools or methods, 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.

Article 341: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. 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, where the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.

Fishery Law of the People's Republic of China

Article 30 It is forbidden to use methods that damage fishery resources, such as exploding fish, poisoning fish, or electrocuting fish. It is forbidden to manufacture, sell, or use prohibited fishing gear. It is forbidden to fish in closed areas and during closed fishing periods.

It is forbidden to use nets smaller than the minimum mesh size for fishing. No more than a prescribed proportion of juveniles should be caught. The sale of illegally caught fish is prohibited in closed areas or during closed fishing periods.

Article 38 Whoever uses methods that damage fishery resources, such as exploding fish, poisoning fish, or electrocuting fish, or violates the provisions on prohibited fishing areas and fishing ban periods, or uses prohibited fishing gear, fishing methods, or nets smaller than the minimum mesh size to be used for fishing, or where the proportion of juvenile fish in the catch exceeds the prescribed proportion, the catch and illegal gains shall be confiscated and a fine of not more than 50,000 yuan shall be imposed; if the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; where the circumstances are especially serious, the fishing vessel may be confiscated; where a crime is constituted, criminal responsibility is pursued in accordance with law. In the fishing ban area or during the fishing ban period to sell illegal fishing catches, the local people's fishery administrative departments at or above the county level shall promptly investigate and deal with it. Those who manufacture or sell prohibited fishing gear shall have their illegally manufactured or sold fishing gear and unlawful gains confiscated and shall be fined up to 10,000 yuan.

If caught in an electric fish, he is generally sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine. According to the law, the crime of illegal fishing of aquatic products refers to the violation of laws and regulations on the protection of aquatic resources, fishing in prohibited areas, fishing ban periods or the use of prohibited tools and methods to catch aquatic products, and the circumstances are serious, and the perpetrator electrocuts fish, which constitutes the crime.

Article 340 of the Criminal Law violates the laws and regulations on the protection of aquatic resources by fishing aquatic products in prohibited fishing areas, in the area where fishing is prohibited or if 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. Article 346:Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, it shall be fined to the training unit, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each of the articles of this Section.