In mid-November 2006, the defendant Wang Jiangdu cooperated with Wang Tianjian and transported a batch of “seafood” to China via Xiamen-Jinmen Sea Area for a Taiwanese businessman. Wang Tianjian sailed a fishing boat to Jing Men sea area and took over 54 boxes of goods, then sailed back towards Xiamen city when he was stopped by an officer of the Anti-Smuggling Bureau of Xiamen Customs. In the meantime, Wang Jiangdu was waiting to receive the goods at the dock and spoke with Wang Tianjian through phone for many times. When he heard of Wang Tianjian’s arrest he escaped from the area. On December 21, Wang Jiangdu gave himself up to the police and argued that he did not hire Wang Tianjian to transport the goods to China and he was neither the owner of the goods nor participant of the shipping. He argued that he was only waiting for the cargo at the dock under the arrangement of a Taiwanese man.
The customs official discovered 102 alligators (2 died) in the 50 boxes, and the other 4 boxes were filled with 12000 turtle eggs. The seized items had an estimated sale price of 6000-7200 RMB in total.
The Intermediate People’s Court of Xiamen City, Fujian Province
September 12, 2008, based on the criminal facts and circumstances of the defendant and the degree of harm to the society, The Intermediate People’s Court of Xiamen City, Fujian Province rendered the following judgment:
Defendant: Wang Jiangdu
Verdict: Guilty
Charge/Claim: Smuggling
Term of imprisonment: 5 years
Fine/Payment to the State: 20000 RMB
Defendant: Wang Tianjian
Verdict: Guilty
Charge/Claim: Smuggling
Term of imprisonment: 5 years
Fine/Payment to the State: 20000 RMB
The captured fishing boat, Nokia 1100 cellphone and the smuggled items were to be confiscated.
The defendant Wang Tianjian violated the laws and regulations of the customs by avoiding the inspection of the customs and shipping as many as 102 alligators into China, which constitutes the crime of smuggling rare animals.
This case is a joint crime in which Wang Jiangdu collaborated with Wang Tianjian, playing equal roles. Therefore, it is not applicable to distinguish the principle and the accomplice in this case. Although Wang Jiangdu gave him up to the police after the smuggled items were seized, he didn’t confess the facts of the crime truthfully, therefore, his act did not constitute a voluntary surrender.
Considering the fact that the defendants had a misunderstanding of the ingredients of their shipment (they did not know that the boxes were filled with rare animals and not seafood), they could be given lesser penalty in accordance to judicial interpretation of relevant regulations.
The Intermediate People’s Court of Xiamen City, Fujian Province
