Is it a prison sentence to buy a tortoise, and is it illegal to keep tortoises?

Buying a tortoise is punishable.

Tortoises are national second-class protected animals. What kind of responsibility to buy and sell and transport second-class protected animals mainly depends on the value. The criminal liability for a sentence of not less than 100,000 yuan is between five years imprisonment or short-term detention and a concurrent fine, between 100,000 and 200,000 yuan is between five and 10 years imprisonment and a concurrent fine, and between 200,000 yuan and 10 years imprisonment and a concurrent fine or confiscation of property.

The so-called rare and endangered wild animals include countries included in the list of wild animals under national key protection.

Wildlife under Class I and Class II protection and listed in the appendix of the International Convention on Endangered Species of Wild Fauna and Flora.

1. The acquisition of wild animals and the above-mentioned species domesticated and bred in Appendix 2 includes the acquisition for profit, personal use, etc.

Tortoises are ectotherms, and because they are physiologically limited by ambient temperature, they are far less widespread in the natural environment than general mammals, and because of their slow movements, their migration behavior is not as pronounced as that of birds. In different states of the environment, tortoises show highly specialized physiological and ecological behaviors, unlike ordinary terrhoeal turtles or turtles, and can be summarized in terms of similar characteristics in many aspects. For tortoises, once the distribution environment is slightly different, there are very sharp differences between different species in terms of temperature and humidity requirements, tolerance ranges or food choices.

Article 341 of the Criminal Law of the People's Republic of China Whoever illegally hunts or kills rare or endangered wild animals, illegally acquires, transports, or kills rare or endangered wildlife or products of rare or endangered wild animals, or 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, shall be sentenced to up to five years imprisonment or short-term detention and shall also be fined; 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.

It is illegal to raise any tortoise without a license, and it is illegal to buy and sell tortoises for more than ten years.

All species of the tortoise family are appendix species of the Washington Convention, and China, as a member of the Washington Convention, prohibits individuals from breeding, breeding and trading without a license.

The spirit of the Washington Convention (CITES) is to regulate, rather than completely ban, the international** of wild species, and to use species classification and licensing to achieve sustainable use of wild species markets.

The Convention regulates internationally ** species and can be grouped into three appendices.

The species listed in Appendix I are animals and plants that would lead to extinction if further internationally**, and the international trade in them is expressly prohibited; Appendix II is a species that is not currently in danger of extinction and is regulated internationally, and if it is still under pressure and the population size continues to decline, it will be upgraded to Appendix I. Appendix III is the regional control of internationally ** species by each country, depending on its domestic needs.

It is illegal to keep tortoises, no one can keep any kind of tortoise, but if you go to the Forestry Bureau and get a national protected animal breeding certificate you can raise ducks.

Most turtles are protected animals, and they are rarely allowed to be kept in monoculture, and they should not be overgrown.

Buying one of tortoises is usually punishable. If the value of the tortoise is less than 100,000 yuan, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if it is between 100,000 and 200,000, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If it is more than 200,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined or confiscated property.

Legal basisArticle 341 of the Criminal Law.

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 to be 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 is to be given, and a concurrent fine for probation 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 wild trapped animal resources, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.

Buying a tortoise will be sentenced, because the tortoise is a national second-class protected animal, which will constitute the crime of endangering precious and endangered wild animals, and is generally punishable by fixed-term imprisonment of not more than five years or criminal detention and a 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.

The main characteristics of the crime of illegal hunting are:

1. The object of the crime is the state's system for the protection and management of wildlife resources. Crimes against the Spike Laughing Elephant are rare birds, rare animals or other wildlife resources;

2. The objective aspect of the crime must be illegal hunting, and the circumstances are serious. With regard to conviction and sentencing, those who commit this crime are to be 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.

To sum up, buying a tortoise will be sentenced, because the tortoise is a national second-class protected animal, which will constitute the crime of endangering precious and endangered wild animals, and is generally sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a 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.

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.

Illegal hunting, acquisition, transportation, and **terrestrial wildlife crimes] Violating regulations on the protection and management of wildlife by illegally hunting, purchasing, transporting, or illegally hunting, purchasing, transporting, or surprising terrestrial wildlife other than those provided for in the first paragraph of ** that grow and breed naturally in the wild environment, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.