How many years in prison is at least for catching a baby fish

Sentencing depends on whether the circumstances are serious, and if it is not serious, it will generally not be sentenced, only a fine.

Paragraph 1 of Article 341 of the Criminal Law stipulates: "Anyone who illegally hunts or kills rare or endangered wild animals under key national protection shall be sentenced to fixed-term imprisonment of not more than five years 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. ”

As for the determination of whether the circumstances are serious, please refer to 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".

Baby fish can't be eaten wild, it's illegal to eat it, and it's okay to eat it in captivity.

Farmed giant salamanders can be eaten, and it should be emphasized that only the second generation or more can be eaten, developed and utilized, that is, the 'grandchildren' generation. After wild baby fish are bred and raised in captivity, they are called the first generation, and the next generation is called the second generation. ”

According to experts, it is easy for ordinary people to confuse the three concepts of wild animals, wild protected animals and domesticated animals. The so-called wild animals refer to animals that exist in nature and are not domesticated. According to the scarcity of wild animal resources, the degree of threat and the scientific value, the state has demarcated a number of protected objects called wild protected animals, and the giant salamander is a national second-class protected animal.

Domesticated animals are the artificial breeding of wild animals, and the animal breeds used by humans are all domesticated. The artificial domestication of giant salamanders has been a matter of nearly 40 years, and its operation and utilization are still subject to laws and regulations.

Eat giant salamanders. First of all, the source of goods must be legal, and the giant salamanders used must be domesticated artificially, and the first party must hold the "Domestication Certificate";

The second is that the place where you eat must be legal, and the user must be a designated place and hold a "Business Utilization Certificate".

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 analysis: If the circumstances are serious, you can be sentenced to more than 5 to 10 years in prison, and if it is not serious, you will generally not be sentenced, but only a fine.

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

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.

It is an illegal act to kill a wild salamander, and the sentence is not more than five years imprisonment 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, the sentence is to be 10 or more years imprisonment and a concurrent fine or confiscation of property. Article 341 of the Criminal Law stipulates that anyone who illegally hunts or kills rare or endangered wild animals that are protected by the state key bridges, or illegally purchases, transports, or illegally acquires or transports rare or endangered wild animals and their products under national key protection, shall be sentenced to fixed-term imprisonment of not more than five years 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.

1. A sentence of up to five years imprisonment or short-term detention is to be given, and killing a wild salamander is an illegal act, and 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. Artificially cultivated is not illegal.

2. Failing to follow the provisions of the special hunting permit for wildlife under national key protection to obtain a special orange hunting permit, hunting wildlife under national key protection, or using prohibited tools or methods to hunt wildlife under national key protection. The departments for the protection of wildlife at the county level or above, the marine law enforcement departments, or the relevant administrative organs of the People's Republic of China**, shall, in accordance with their respective duties, confiscate the prey, hunting tools, and unlawful gains, revoke hunting permits, and impose a fine of between two and ten times the value of the prey; where there is no prey, a fine of between 10,000 and 50,000 RMB is to be imposed; where a crime is constituted, criminal responsibility is pursued in accordance with law.

3. What are the constitutive elements of the crime of illegally killing precious wild animals?

The constituent elements of the crime of illegal killing of rare wild animals are as follows:

The object of the infringement is the management system of rare and endangered wild animals under national key protection;

Objective elements, which are objectively manifested as acts of illegal hunting and killing of rare and endangered wild animals under national key protection;

The subject element is that the subject is a general subject, that is, any person who has reached the age of criminal responsibility and has the capacity for criminal responsibility can be constituted;

The subjective element is manifested as intentionality, and negligence does not constitute it.

Legal basis

Article 341 of the Criminal Law of the People's Republic of China.

Crime of endangering precious or endangered wildlife in the hands of young people] 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.

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.

Crime of Illegal Hunting, Acquisition, Transportation, and **Terrestrial Wildlife] 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 for the purpose of eating, and the circumstances are serious, punishment is to be given in accordance with the provisions of the preceding paragraph.

Where eating salamander constitutes the crime of illegally hunting or killing rare or endangered wild animals, a sentence of up to five years imprisonment or short-term detention is to be given, and a fine of Libi is to be given; 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.

Article 341 of the Criminal Law: 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, or 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; 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.