How many sparrows are hunted is enough for sentencing, and the sentencing standard for hunting sparr

Updated on society 2024-08-03
4 answers
  1. Anonymous users2024-02-15

    Sparrows are second-class protected animals of the state, and illegally hunting 20 or more wild animals under national key protection in hunting ban areas, hunting ban periods, or using prohibited tools or methods, constitutes the crime of illegal hunting, and shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release or a fine in accordance with law.

    Legal basis. Article 341 of the Criminal Law [Crime of illegally hunting or killing rare or endangered wild animals; Crime of Illegally Purchasing, Transporting, or Killing Rare or Endangered Wildlife and Products of Precious or Endangered Wildlife] Whoever illegally hunts or kills rare or endangered wildlife under key national protection, or illegally purchases, transports, or products of rare or endangered wildlife under key national protection, is 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.

    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.

  2. Anonymous users2024-02-14

    1. Hunting 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. "IILegal basis.

    1. Article 341 of the Criminal Law [Crime of Illegally Hunting or Killing Precious or Endangered Wild Animals] [Crime of Illegally Purchasing, Transporting, and Killing Precious or Endangered Wild Animals and Products of Precious or Endangered Wild Animals] Whoever illegally hunts or kills rare or endangered wild animals under key national protection, or illegally purchases, transports, or kills 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 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. [Crime of 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. 2. Article 6 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" stipulates that illegal hunting is "serious" if hunting is violated by hunting in a hunting ban area, during a hunting ban period, or by using prohibited tools or methods in any of the following circumstances:

    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.

  3. Anonymous users2024-02-13

    Legal analysis: The perpetrator kills a large number of sparrows, and the circumstances are serious, which may constitute the crime of illegal hunting, and will face imprisonment for up to three years, criminal detention, surveillance or fine.

    Legal basis: "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wildlife Resources" Article 6: In any of the following circumstances, hunting in prohibited areas, during prohibited periods, or by using prohibited tools or methods for hunting, in any of the following circumstances, is illegal hunting with "serious circumstances":(1) Illegally hunting 20 or more wild animals in Xinling; (2) Bringing in prohibited tools or methods for hunting in violation of hunting laws and regulations in prohibited areas or during hunting ban periods; Conviction and punishment are provided for with heavier punishments.

  4. Anonymous users2024-02-12

    Legal analysis: Hunting 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, in the case, due to the huge number of acres of fish caught and the use of hunting tools, the circumstances are serious, and the relevant departments can increase the punishment according to the circumstances.

    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.

    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》 Article 6: In any of the following circumstances, hunting in prohibited areas, during prohibited periods, or by using prohibited tools or methods in violation of hunting regulations, is illegal hunting with "serious circumstances":(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.

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