A 10-and-a-half-year retrial appeal was rejected in the final trial of the University Studentscase of digging out the birds nest

category:Society
 A 10-and-a-half-year retrial appeal was rejected in the final trial of the University Studentscase of digging out the birds nest


Yan Xiaotian, a college student in Henan Province, was sentenced to 10 years and 6 months in August 2015 for illegal hunting of Yan Xiaotian. His father filed a retrial application with the Henan Higher Court. On July 8, the Henan Higher Court issued a notice rejecting his application for retrial on the grounds that the original judgment was not inappropriate and his application did not conform to the law. Pieces.

Yan Aimin and his agent are at the entrance of the court. Respondents Map

University students were sentenced for illegal hunting and protection of animals

In May 2015, Yan Xiaotian, a 21-year-old College student, was sentenced to 10 years and 6 monthsimprisonment on the first trial of the court for digging out the birds nest.

According to the court, Yan Xiaotians behavior constitutes the crime of illegal hunting for precious and endangered wildlife and illegal acquisition of precious and endangered wildlife.

On July 14, 2014, the defendant Yan Xiaotian and his co-defendant Wang Yajun illegally hunted 12 falcons in a forest in Gaozhuang Village, Huixian City. One Falcon escaped and one died. On July 18, 2014, Yan Xiaotian and Wang Yajun sold seven birds to Zhengzhou City and sold one bird to the defendant at a price of 150 yuan. Yan Xiaotian, the defendant, sold two of them to Luoyang alone.

On July 27, 2014, Yan Xiaotian and Wang Yajun, the defendant in the same case, illegally hunted two falcons and two falcons in a forest of Tulou Village, Gaozhuang, Huixian City, totaling four.

On July 18, 2014, the defendant purchased a Yan Falcon captured by the defendants Yan Xiaotian and Wang Yajun at a price of 150 yuan from a statue of Li Shizhen in Baiquan Town, Huixian City. On July 30, 2014, the Forest Public Security Bureau of Huixian City seized the bird at a defendants house.

On July 26, 2014, Yan Xiaotian purchased one eagle from Zhang Mou, Pingdingshan City, Henan Province in the name of his QQ net name Rabbit. On July 28, 2014, the Huixian Forestry Public Security Bureau seized four falcons captured by the defendants Yan Xiaotian and Wang Yajun on July 27, and one Falcon captured by the defendants Yan Xiaotian on July 26, 2014.

According to the appraisal certificate of the State Forestry Administration, the birds mentioned above belong to the second-level key protected animals of the State.

According to Article 341 of the Criminal Law, Whoever illegally hunts or kills precious or endangered wildlife under the states key protection, or illegally purchases, transports or sells precious or endangered wildlife and their products under the states key protection shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined if the circumstances are serious, and shall be sentenced to not more than five years. If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated property.

Yan Xiaotian, the first trial of the court, was sentenced to 10 years and 6 monthsimprisonment. Yan appealed that the court found that the fact that he hunted 16 bird falcons was unclear and the evidence was insufficient. At the same time, he did not know that the hunted Falcon was a national protected animal.

The court of second instance held that Yan Xiaotian confessed to the fact that he hunted 16 falcons twice at the opening of the first trial. At the same time, the information released by him in Baidu Tieba can confirm that he should have some knowledge of the situation that falcons belong to animal protection.

In August 2015, the Xinxiang Intermediate Court of Henan Province decided that the case belonged to the serious circumstances stipulated by law, rejected the appeal and upheld the original judgment.

Respondents Map

Continuous appeal and retrial of family members during prison term

On July 8, the Henan Provincial High Court rejected Yan Xiaotians father Yan Aimins application for retrial. This is Yan Aimins second round of appeal rejected by the court.

After Yan Xiaotian served his sentence in 2016, Yan Aimin first appealed to the Central Court of Henan Xinxiang, the Court of Final Appeal, on the grounds that Yan Xiaotian had no criminal premeditation or motive, and subjectively did not know that the Falcon he was hunted was a key protected animal of the state; the verdict determined that the number of birds hunted was 16, and the result of identification was incorrect, and should not be. Falcon.

In April 2016, the Xinxiang Intermediate Court rejected Yan Aimins complaint. The reasons for refusal are as follows: Yan Xiaotian and Wang Yajun confessed at the stage of investigation that they planned to hunt falcons by digging out bird nests. Wang Yajun was in charge of climbing trees to catch falcons and Yan Xiaotian was in charge of selling them. They knew that the birds they were hunting were falconschicks and falcons were protected by the state; after hunting, they uploaded pictures of falcons on the Internet and sold them. u3002 Therefore, Yan Xiaotians criminal premeditation and motive are sufficient to identify.

Yan Xiaotian and Wang Yajun confessed to the fate of 16 falcons and their hunting falcons during the investigation stage and the first trial, and the confessions corroborated each other.

According to the Interpretation of the Supreme Peoples Court on Several Questions Concerning the Specific Application of Law in Criminal Cases of Destroying Wildlife Resources, Falconidae (All Species) is a second-class protected animal of the state, and the hunting of more than 10 falcons constitutes a particularly serious case. Yan Xiaotian, the defendant of the original trial, illegally hunted 16 falcons and falcons, which belonged to the serious circumstances stipulated in the judicial interpretation and could not determine the circumstances for mitigating punishment. The original trial was not improper in sentencing.

After the appeal was rejected, Yan Aimin filed an application for retrial with the prosecution. He believed that the judicial judges had acts of corruption, bribery, favoritism, fraud and perverting the law in the trial of the case. The data of the original judgment was wrong, and the facts of sentencing were unclear and the evidence was insufficient.

The prosecution initiated the appeal review of the case, and the Henan High Court then examined whether the case met the conditions for retrial.

According to the rejection notice issued by Henan Higher Court on July 5, the court examined and found that the fact that Yan Xiaotian collaborated with Wang Yajun in hunting 16 birds belonging to Yan Xiaotian, a national second-class protected animal, and Falcon Falcons, two of them had made multiple statements by public security organs, two of the defendants had confessed the criminal facts in court at the first instance, and the public security organs had taken Yan Xiaotians mobile phone as an example. The photographs taken and the evidence of the seizure of four falcons in their homes were confirmed.

The court held that Yan Aimins retrial reason was not valid, the facts of the original trial were clear, the evidence was conclusive, and the conviction and sentencing were appropriate, so it rejected his appeal.

According to Lawyer Fu Jian, Yan Aimins representative, Yan Aimin will consider lodging a complaint with the Supreme Court.

Source: Gu Yunting_NBJS8499, responsible editor of Beijing News