How many years is the sentence for the sale and purchase of national second class protected animals

1. How many years is the sentence for the sale and purchase of national second-class protected animals.

1. The number of years to be sentenced for the sale and purchase of national second-class protected animals shall be decided according to the following circumstances:

1) Anyone who 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;

2) where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given;

3) where the circumstances are especially serious, a sentence of 10 or more years imprisonment is to be given, and a concurrent fine or confiscation of property is to be given.

2. Legal basis: Article 341 of the Criminal Law of the People's Republic of China.

Whoever commits the crime of endangering precious or endangered wildlife, 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 to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine, and where the circumstances are serious, is to be sentenced to between five and ten years imprisonment and a concurrent fine, and where the circumstances are especially serious, is to be sentenced to fixed-term imprisonment of not less than 10 years and a concurrent fine or confiscation of property. Whoever commits the crime of illegal hunting, violates hunting laws and regulations, hunts in prohibited areas, during prohibited hunting periods, or uses 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 the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.

2. What procedures are required for the artificial breeding of second-class protected animals?

The following procedures are required for the artificial breeding of second-class protected animals:

1. There should be a fixed breeding site and infrastructure;

2. Certificate of domestication and breeding of wild animal species;

3. Have relevant technical personnel;

4. Relevant capital verification certificate issued by an accounting firm.

Legal analysis: Anyone who illegally protects rare and endangered wild animals and their products under national key protection shall generally be sentenced to fixed-term imprisonment of not more than five years or short-term detention and a fine, and if the circumstances are serious, 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; 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: Criminal Law of the People's Republic of China

Article 341: Crimes of illegally hunting or killing rare or 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. 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.

Full text of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources.

Anyone who illegally acquires or is a 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 and a concurrent fine or confiscation of property is to be given.

[Legal basis].Penal Code

Article 341:Whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally purchases, transports, or illegally purchases rare or endangered wild animals 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.