Crimes that affect the environment

Species Involved

• Saker Falcons

Details

• Undocumented/unlicensed conduct
• CITES protected species
• Document forgery

The People's Procuratorate of Ningbo City, Zhejiang Province v. Cen Zhangyao and others

Fact Summary

The defendant Cen Zahangyao colluded with overseas person Ayazi and defendant Wuzheng, whilst planning to smuggle saker falcons (national key protection animals) out of China to other countries. After some negotiations, Wu Zheng took responsibility for booking cargo space, arranging customs documents. Cen Zhangyao promised to pay 3,000 yuan for the smuggling of every saker falcon.

 

Ayazi entrusted the others to transport the falcons to Cen Zhangyao and after receiving the falcons, Cen transferred them to a place near the airport directly and handed them over to Wu Zheng who had been waiting outside the airport. Wuzheng handed the falcons to Zhang Hao, who booked the cargo space and declared the falcons to customs officials as glass goblets. As agreed in advance, custom officers Zhu Qianwei and Qian Wenbin did not carrying out inspection when performing the duty of safety check. The falcons were to be transported to Qatar when they were discovered by other customs officers who opened and checked the cargo box.


Investigation showed that from 2007 to 2008, defendants Cen Zhangyao, Wu Zheng, Zhang Hao, Qian Wenbin were engaged in the smuggling of 82 saker falcons.  Zhu Qianwei was engaged in smuggling 70.

Sentence Date:
2009-03-24

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)
• organiser/director

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Procedural Information

Legal System:
Civil Law
 
Proceeding #1:
  • Stage:
    first trial
  • Decision Date:
    24 March 2009

    Court

    Court Title

    The Intermediate People's Court of Shenzhen City

     
    • Criminal

    Description

    On March 24, 2009, based on the criminal facts and circumstances of the defendants and the degree of harm to the society, the Intermediate People's Court of Ningbo City rendered the following judgment:

     

    Defendant:  Cen Zahangyao

    Verdict: Guilty

    Charge/Claim: Smuggling

    death penalty (2nd Instance: death sentence with a two-year reprieve), deprival of political rights for life              

    Fine/Payment to the State: Confiscation of all personal property

     

    Defendant:  Wu Zheng

    Verdict: Guilty

    Charge/Claim:   Smuggling

    life sentence, deprival of political rights for life

    Fine/Payment to the State: Confiscation of all personal property

     

    Defendant:  Zhang Hao

    Verdict: Guilty

    Charge/Claim:   Smuggling

    life sentence, deprival of political rights for life

    Fine/Payment to the State: 50000 RMB

     

    Defendant:  Qian Wenbin

    Verdict: Guilty

    Charge/Claim:   Smuggling

    life sentence, deprival of political rights for life

    Fine/Payment to the State: 50000 RMB

     

    Defendant:  Zhu Qianwei

    Verdict: Guilty

    Charge/Claim:   Smuggling

    Term of imprisonment: 10 years

    Fine/Payment to the State: 5000 RMB


    The illegal profit gained by the defendants were to be confiscated.

     

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

     

    Wu Zheng, Zhang Hao and Qian Wenbin were sentenced to life imprisonment.

    Sentence

    Term of Imprisonment:
    10 years
     

    Zhu Qianwei was sentenced to 10 years imprisonment.

    Other Sanctions

    Cen Zahangyao was sentenced to death penalty in the first instance (2nd Instance: death sentence with a two-year reprieve),

     
    Proceeding #2:
  • Stage:
    appeal
  • Court

    Court Title

    Zhejiang Provincial High Court

     
    • Criminal

    Description

    2nd Instance:

    Defendants Cen Zhangyao,  Wu Zheng,  Qian Wenbin brought an appeal to Zhejiang Provincial High Court.

     

    Considering that Cen Zhangyao confessed his crime without lies and reservation and he is not the core members of the smuggling gang, in accordance to the law, Cen’s original sentence should be changed. Wu Zheng argued that the original sentence given to him was too severe and pleaded for change of his original sentence, his argument has no adequate reason therefore, the court would not accept Wu’s plea.

     

    Defendants / Respondents in the first instance

    Defendant:
    Cen Zhangyao
    Nationality:
    Chinese
    Born:
    1965
    Legal Reasoning:

    1st Instance:

    The Intermediate People's Court of Ningbo City:

    The defendants Cen Zhangyao,  Wu Zheng,  Zhang Hao,  Qian Wenbin, Zhu Qianwei constitute a "smuggling act" or "smuggling crime", the circumstances were especially serious.


    The defendant Cen Zhangyao colluded directly with overseas person and organized the smuggling of 82 falcons to other countries, which is a severe crime and causes huge damage to the society.

     

    The defendants Wu Zheng, Zhang Hao and Qian Wenbin played an equal role in their joint crime and gained much illegal profit, therefore, they should be severely punished. Considering that Wu Zheng assisted the investigation officer to catch his fellow criminals and admitted his guilt actively after being arrested, in accordance to the law, Wu could be given a lesser penalty.

     

    The defendant Zhu Qianwei got involved in the crime after being instigated by Wu Zheng and played a secondary and accessory role in the crime. In accordance to the law, he could be given lesser penalty.

     

    2nd Instance:

    Defendants Cen Zhangyao,  Wu Zheng,  Qian Wenbin brought an appeal to Zhejiang Provincial High Court.

     

    Considering that Cen Zhangyao confessed his crime without lies and reservation and he is not the core members of the smuggling gang, in accordance to the law, Cen’s original sentence should be changed. Wu Zheng argued that the original sentence given to him was too severe and pleaded for change of his original sentence, his argument has no adequate reason therefore, the court would not accept Wu’s plea.

    Defendant:
    Wu Zheng
    Gender:
    Male
    Nationality:
    Chinese
    Age:
    positive integer value
    Born:
    1977
    Defendant:
    Zhang Hao
    Gender:
    Male
    Nationality:
    Chinese
    Age:
    positive integer value
    Born:
    1971
    Defendant:
    Qian Wenbin
    Gender:
    Male
    Nationality:
    Chinese
    Age:
    positive integer value
    Born:
    1978
    Defendant:
    Zhu Qianwei
    Gender:
    Male
    Nationality:
    Chinese
    Age:
    positive integer value
    Born:
    1985

    Court

    Zhejiang Provincial High Court

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