What Is a Bootleg Ground?
The crime of smuggling precious animals and precious animal products refers to violations of customs regulations, avoiding customs supervision, and illegally carrying, transporting, and mailing precious animals and precious animal products to and from countries (borders).
Smuggling precious animals
Right!
- The crime of smuggling precious animals and precious animal products refers to violations of customs regulations, avoiding customs supervision, and illegally carrying, transporting, and mailing precious animals and precious animal products to and from countries (borders).
- Harbin in 2018
- The crime of smuggling precious animals and precious animal products refers to violations of customs regulations, avoiding customs supervision, and illegally carrying, transporting, and mailing precious animals and precious animal products to and from countries (borders).
- Article 151, paragraph 2 is a provision for the crime of smuggling of precious animals and their products that are prohibited from import and export and their criminal penalties. "Precious animals" refers to rare and rare animals that are special products of our country and wild animals that have been listed as precious and endangered species in the world although they are not special products of our country. The rare and rare wild animals in China are mainly pandas, golden monkeys, white-lipped deer, and alligators. There are more than a hundred species of animals; wild animals belonging to precious and endangered species are mainly red-crowned cranes, white cranes, swans, wild camels, and so on. The "products" of precious animals refer to the skin, wool, and bones of precious wild animals.
- Regarding the smuggling of precious animals and their products that are prohibited from being imported or exported by the state, according to the severity of the case, this paragraph and paragraph 4 of this article provide three levels of sentencing: For the smuggling of items listed in this paragraph, imprisonment of more than 5 years, And a fine; if the circumstances are lighter, he shall be sentenced to 5 years in prison and fined. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment or life imprisonment for more than ten years and his property shall be confiscated. The "especially serious plot" mentioned here mainly refers to the smuggling of the above-mentioned items repeatedly or in large quantities. The chief element of a smuggling group or the principal offender who has a particularly large amount of smuggling the above-mentioned items, etc. When handling the case, the specific amount of the judiciary can refer to the "lighter", The content of "extraordinary plot" is handled. [2]
- (I) Object requirements
- The object infringed by this crime is the state's system of prohibiting the import and export of precious animals and their products. The target of this crime is the precious animals and their products that the state prohibits import and export. The so-called precious animals refer to the precious and rare terrestrial and aquatic wild animals that are protected by the state. It includes not only rare wild animals with important ornamental value, scientific research value, economic value, and great significance to the ecological environment, but also endangered wild animals with few species and endangered species. It can be either a special product of our country or an animal that is not a special product of our country but has been listed as a rare and endangered species in the world. According to the provisions of the National "Wildlife Protection Law", the precious animals protected by the state are classified into first-class protected animals and second-class protected animals. According to the State Key List of Protected Wild Animals of the State Council on December 10, 1998, there are 256 species or species of precious animals, such as giant pandas, golden monkeys, macaques, wenchang fish, white-lipped deer, alligator, red-crowned crane, swan, wild Camel and so on. As for precious animal products, they refer to precious animal skins, wool, bones and other manufactured products. The above-mentioned precious animals and their products must also be banned from import and export by the state in order to become the object of this crime. Otherwise, although it is a precious animal and its products, it is not forbidden for import and export by the state, and even if it is smuggled, it cannot constitute this crime.
- On April 26, 2018, Harbin Customs seized a large and endangered animal product smuggling case involving 9 species, including 1276 antelope horns, 156 mammoth ivory, 406 walrus ivory, 2 ivory, 70 bear teeth, and 226 whale teeth. It has 44 bear bile, 4 red deer whips, and 319 kilograms of sea cucumber. The total case value is 106 million yuan, and the case value of only 1276 antelope horns is as high as 102 million yuan. (1276 antelope horns mean that at least 638 high-nosed antelopes have died.) [1]