Buying a thrush is subject to criminal detention for several days

Because the thrush has been included in the national second-class protected wild animals, according to the provisions of the Criminal Law of the People's Republic of China, illegal acquisition and transportation of rare and endangered wild animals and their products. The criminal responsibility of the parties involved in the crime of endangering and endangering wildlife should be investigated.

On February 1, 2021, the Ministry of Agriculture and Rural Affairs of the National Forestry and Grassland Administration issued an announcement that the thrush was listed as a national second-class protected wild animal after the approval of the national key protected wild list, and the thrush was listed as a national second-class protected wild animal.

Since he has been criminally detained, he should be transferred to the procuratorate for approval of arrest within 30 days in accordance with the provisions on criminal detention, and it is recommended that a lawyer be entrusted to apply for release on bail pending further investigation as soon as possible.

Legal Analysis] Criminal detention is up to 37 days, and if the public security organs find it necessary to arrest the detained person, they shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

Legal basis] Criminal Procedure Law of the People's Republic of China》 Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within 3 days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days.

The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation. Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation in accordance with law.

Summary. If the circumstances of raising thrushes are not serious, there is no need to detain. The thrush has been used as a national second-class protected bird in China.

It's not allowed to be raised now. If it is reported or caught by law enforcement officers, it may just be educational, just return the thrush to nature.

If the amount is particularly large and it is illegally caught from the wild, it may be subject to detention or fines, and in more serious cases, criminal detention.

How long is it detained to keep thrushes.

If the circumstances of raising a thrush are not serious, there is no need to detain. The thrush has been used as a second-class protected bird in China. It's not allowed to be raised now.

If it is reported or caught by law enforcement officers, it may just be educational, just return the thrush to nature. If the amount of acres raised is particularly large and it is illegally caught from the wild, it may need to be detained or fined, and more seriously, it may be criminally detained.

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Legal Analysis: 1: It is illegal to carry out and hunt thrushes in prohibited areas, during prohibited hunting periods, or with the use of prohibited tools, methods, or activities.

2: Illegal hunting of more than 20 thrushes is a serious circumstance.

3: Anyone who illegally hunts more than 20 thrushes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine.

Legal basis: Article 341 of the Criminal Law of the People's Republic of China Whoever violates hunting regulations by hunting in prohibited areas, during prohibited hunting periods, or by using prohibited tools or methods, destroying wildlife resources, and cleaning is serious, is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or a fine.

Legal analysis: The thrush is brown and yellow, and its melodious call is a traditional cage bird in China due to a large number of key protected wild animals, which belongs to the national second-class protected 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.

Legal basis: Article 341 of the Criminal Law of the People's Republic of China: 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 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 Analysis: Thrushes are rare wild animals and illegal catches are illegal. Illegal hunting of wild animals cherished by the state constitutes the crime of illegal hunting and killing of rare and endangered wild animals.

A sentence of up to 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.

Legal basis: Article 341 of the Criminal Law of the People's Republic of China: 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 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, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.