The second paragraph of Article 15 1 of the Criminal Law is about the crime of smuggling precious animals and their products, the import and export of which is prohibited by the state, and its criminal punishment. "Precious animals" refer to rare animals that are endemic to China and wild animals that are not endemic to China but are listed as rare and endangered species in the world. There are 100 kinds of rare wild animals in China, such as giant panda, golden monkey, white-lipped deer and alligator. Wild animals belonging to rare and endangered species mainly include red-crowned cranes, white cranes, swans and wild camels. "Products" of rare animals refer to the skin, hair, bones and other finished products of rare wild animals.
According to the seriousness of smuggling precious animals and their products prohibited by the state, this paragraph and the fourth paragraph of this article stipulate three sentencing grades:
Whoever smuggles the articles listed in this paragraph shall be sentenced to fixed-term imprisonment of not less than five years and fined; If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than five years and fined.
(2) If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall also be confiscated. The "especially serious circumstances" mentioned here mainly refers to the smuggling of the above-mentioned items many times or in large quantities.
(3) The ringleaders of smuggling syndicates who smuggle the above-mentioned goods, or the principal offenders who cause serious harm, etc. When handling cases, the judicial organs can refer to the explanations of "minor circumstances" and "particularly serious circumstances" in the Supreme People's Court's Interpretation.
Article 151 Whoever smuggles cultural relics specified in the second, fourth and fifth paragraphs, precious metals such as gold and silver prohibited by the state or precious animals and their products prohibited by the state shall be sentenced to fixed-term imprisonment of not less than five years and fined; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than five years and fined.
Whoever commits the crimes mentioned in the first and second paragraphs, if the circumstances are especially serious, shall be sentenced to life imprisonment or death, and his property shall be confiscated.
If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Smuggling (No.30 [2000] of September 26, 2000)
Article 4 The term "precious animals" as mentioned in the second paragraph of Article 151 of the Criminal Law refers to the first-and second-class protected wild animals listed in the List of National Key Protected Wild Animals, the wild animals listed in Appendices 1 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the above-mentioned domesticated and propagated species.
Smuggling animals under second-class national protection does not meet the quantitative standards specified in Schedule (1) of this Interpretation, or smuggling precious animal products with a value of less than 100,000 yuan is a crime of smuggling precious animals and precious animal products, and it is punishable by fixed-term imprisonment of not more than five years and a fine.
Under any of the following circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years and fined:
(1) Smuggling animals under national first-class or second-class protection, the quantity of which reaches the standard specified in Item (1) of this Interpretation Schedule;
(2) Smuggling precious animal products worth more than 100,000 yuan but less than 200,000 yuan;
(3) Smuggling an animal under first-class or second-class state protection, although it does not meet the quantitative standards stipulated in this paragraph, but it has such bad circumstances as causing the death of the precious animal or being unable to restore it to its original state.
Under any of the following circumstances, the crime of smuggling precious animals and precious animal products is "especially serious", with life imprisonment or death penalty and confiscation of property:
(1) Smuggling the first-class and second-class protected animals of the country to meet the quantitative standards specified in Schedule (2) of this Interpretation;
(2) Smuggling precious animal products worth more than 200,000 yuan;
(3) Smuggling animals under national first-class and second-class protection, the quantity of which reaches the standard specified in Annex (1) of this interpretation, and causes the death or irrecoverability of the precious animal;
(4) Smuggling animals under national first-class or second-class protection, which meets the quantitative standards specified in Annex (1) of this Interpretation, and has serious circumstances such as the ringleader of a criminal group or smuggling with a special vehicle.
Smuggling of animals and their products in Appendices 1 and 2 of the Convention on International Trade in Endangered Species of Animals and Plants shall be carried out with reference to the conviction and sentencing standards for animals belonging to the same family or family specified in the attached table of this Interpretation.
Article 10 Where a unit specified in the first paragraph commits the crimes specified in Articles 151 and 152 of the Criminal Law and smuggles solid waste prohibited by the state, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the relevant provisions of this Interpretation.
Criminal Law Amendment (8)
Article 151 of the Criminal Law is amended as: "Whoever smuggles weapons, ammunition, nuclear materials or counterfeit currency shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated; If the circumstances are especially serious, he shall be sentenced to life imprisonment or death, and his property shall be confiscated; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined. " "Whoever smuggles cultural relics, precious metals such as gold and silver, or precious animals and their products whose import and export are prohibited by the state shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and his property shall be confiscated; If the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than five years and fined. "
"Whoever smuggles rare plants and their products and other goods and articles whose import and export is prohibited by the state shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined. "
If a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of each paragraph of this article.