判例法数据库

参与有组织集团

犯罪

• 参加有组织犯罪集团的犯罪活动
• 组织、指挥、协助、教唆、便利或参谋实施涉及有组织犯罪集团的犯罪

影响环境的犯罪

犯罪

• 野生生物犯罪

禁止行為

• 购置/拥有/所有权
• 转移/运输
• 国际贸易(进口,出口,转口)

主题

• 《濒危物种贸易公约》/国际受保护物种
• 国内受保护物种
• 战利品

详情

• 无证件/无执照的行为
• 受《濒危物种贸易公约》保护的物种

其他细节

• 无执照的行为

关键词

• 购置/拥有/所有权
• 转移/运输
• 国际贸易(进口,出口,转口)
• 国内受保护物种
• 《濒危物种贸易公约》/国际受保护物种
• 战利品
• 文档

R. v. Salvius Francis Matembo et al, Economic Crime Case No. 21 of 2014 (DSM)

事实梗概

In 2015, three perpetrators named Salvius Francis Matembo, Manase Julius Philemon and Yang Feng Glan were found guilty of running one of Africa’s biggest ivory-smuggling rings in Dar Es Salaam, Tanzania. The latter, Yang Feng Glan, was an influential business woman who was publicly referred to as the “Ivory Queen”. The three individuals were accused of smuggling 860 elephant tusks, worth more than 5.4 billion Tanzanian shilling (around USD 2.5 million) between 2000 and 2014.

In total, 11 witnesses testified against the trio. They were able to report that Yang Feng Glan, the head of the operations, received ivory tusks from the other two perpetrators and shipped them through the port of Dar Es Salaam to Asia. The witnesses were individuals that had been contracted by the perpetrators in the capacity of their respective professions, such as security guard, taxi driver, waiter or banker. The perpetrators denied all accusations; however, the considerable evidence eventually led the judge to rule for a resounding 15 years imprisonment for each of the three culprits. Furthermore, the court ordered buildings used for the illegal operations to be confiscated and a fine double the value of ivory trafficked.

An appeal was rejected in January 2020.

评注和重要特点

The case Republic v Salvius Francis Matembo; Manase Julius Philemon; Yang Feng Glan received a wide attention from the media. Yang Feng Glan was identified as the main perpetrator and was soon after referred to as the “Ivory Queen”, making her a notorious king pin.
Intensifying the public interest in the case was the long period of time the illegal business was maintained (14 years); the amount of money generated (5.4 billion Tanzanian shilling - around $US 2.5 million); the iconic specimen trafficked (elephant ivory); and the fact that a female foreigner, who held a public position, was heading the illegal operations.

Adding to the severity of the case was the fact that Yang Feng Glan was involved in several public and private engagements during the time of her arrest. She was the vice-president of the China-Africa Business Council and operating a Chinese restaurant as well as an investment company in Tanzania. Moreover, she was fluent in Swahili, having lived in Tanzania for several years already.
The case was publicly welcomed as the perpetrators were pivotal figures in the illegal scheme and not merely minor players. China has publicly backed Tanzania’s sentence and called for the appropriate application of respective laws.

判决日期:
2019-02-15

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯
• 组织者/指挥者
• 参与者、调解人、从犯

犯罪

详情

• 捲入到有组织犯罪集团 (第 2 条(a) CTOC)
• 發生跨一個(或多個)國際邊界(跨國)

所涉国家

坦桑尼亚联合共和国

侦查

所涉机构

• Ministry of Natural Resource and Tourism (United Republic of Tanzania)
• Directorate of Criminal Investigations (United Republic of Tanzania)
• Police of Kijtionyama (United Republic of Tanzania)
• Ministry of Home Affairs (United Republic of Tanzania)

没收和扣押

扣押的财产

Seizure of buildings and a shamba at Muheza Maili Saba

 

性别平等方面的考虑因素

详情

• 性别考虑
• 女性主犯

程序步骤

法律制度:
混合制度
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 
 
诉讼 #1:
  • 阶段:
    初审
  • 官方案件编号:
    R. v. Salvius Francis Matembo et al, Economic Crime Case No. 21 of 2014 (DSM)
  • 法院

    法院名称

    Resident Magistrate's Court of Dar-es-Salaam

     

    地点

  • 城市/城镇:
    Kisutu
  • 省:
    Dar es Salaam
  • • 刑事的

    被告/ 初审被申请人

    其他被告人的数目:
    3
    被告:
    Salvius Francis Matembo
    性别:
    国籍:
    被告:
    Manase Julius Philemon
    性别:
    国籍:
    被告:
    Yang Feng Glan
    性别:
    国籍:

    指控/索赔/裁决

    被告:
    Salvius Francis Matembo
    立法/法规/法典:

    Paragraph 4(1)(a) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Leading organised crime

    The accused was charged with, on diverse dates between 1 January 2000 and 22 May 2014 within the city and Region of Dar-Es-Salaam, jointly and together, knowingly furnishing assistance and direction in the conduct of the business of criminal racket by collecting, transporting and selling government trophies, namely 860 elephant tusks, valued at TZS 5,435,865,000, without a permit and with intent to benefit and promote further the objectives of the criminal racket.

    陪审团裁决:
    Guilty
    立法/法规/法典:

    Sections 80(1) and (2), 84(1) and part 1 of the first schedule the Wildlife Conservation Act, in conjunction with paragraph 14(b) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Unlawful dealing in trophies

    The accused was charged with, on diverse dates between 1 January 2000 and 22 May 2014 within the city and Region of Dar-Es-Salaam, jointly and together, carrying out business in government trophies through purchasing and selling 860 pieces of elephant tusks, valued at TZS 5,435,865,000, without a license

    陪审团裁决:
    Guilty
    监禁期:
    15 岁
    罚金/向国家付款:
    是的  10871730000  TZS  (More than 500,000 USD)
    被告:
    Manase Julius Philemon
    立法/法规/法典:

    Paragraph 4(1)(a) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Leading organised crime

    The accused was charged with, on diverse dates between 1 January 2000 and 22 May 2014 within the city and Region of Dar-Es-Salaam, jointly and together, knowingly furnishing assistance and direction in the conduct of the business of criminal racket by collecting, transporting and selling government trophies, namely 860 elephant tusks, valued at TZS 5,435,865,000, without a permit and with intent to benefit and promote further the objectives of the criminal racket.

    陪审团裁决:
    Guilty
    立法/法规/法典:

    Sections 80(1) and (2), 84(1) and part 1 of the first schedule the Wildlife Conservation Act, in conjunction with paragraph 14(b) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Unlawful dealing in trophies

    The accused was charged with, on diverse dates between 1 January 2000 and 22 May 2014 within the city and Region of Dar-Es-Salaam, jointly and together, carrying out business in government trophies through purchasing and selling 860 pieces of elephant tusks, valued at TZS 5,435,865,000, without a license

    陪审团裁决:
    Guilty
    监禁期:
    15 岁
    罚金/向国家付款:
    是的  10871730000  TZS  (More than 500,000 USD)
    被告:
    Yang Feng Glan
    立法/法规/法典:

    Paragraph 4(1)(a) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Leading organised crime

    The accused was charged with, on diverse dates between 1 January 2000 and 22 May 2014 within the city and Region of Dar-Es-Salaam, intentionally organising, managing and financing a criminal racket by collecting, transporting and selling government trophies, namely 860 elephant tusks, valued at TZS 5,435,865,000, without a permit.

    陪审团裁决:
    Guilty
    立法/法规/法典:

    Sections 80(1) and (2), 84(1) and part 1 of the first schedule the Wildlife Conservation Act, in conjunction with paragraph 14(b) of the first schedule to, and sections 57(1) and 60(2) of, the Economic and Organised Crime Control Act

    指控详情:

    Unlawful dealing in trophies; On diverse dates between 1st January 2000 and 22nd May 2014 within the city and Region of Dar-Es-Salaam, jointly and together, carried out business in government trophies through purchasing and selling 860 pieces of elephant tusks, valued at 5,435,865,000 Tanzanian Shilling, without a license

    陪审团裁决:
    Guilty
    监禁期:
    15 岁
    罚金/向国家付款:
    10871730000  TZS  (More than 500,000 USD)

    法院

    Resident Magistrate's Court of Dar-es-Salaam