After the case was prosecuted by the Lushi County Procuratorate, the Lushi County Court sentenced Qin Yunchang and others to three yearsimprisonment, three years probation and a fine of 3,000 yuan for illegally cutting state key protected plants. After the Qin Dynasty, he changed his complaint to Lushi County Court on the ground that he did not commit a crime. Further review shows that the current List of National Key Protected Wild Plants (the first batch) does not include Cymbidium, that is, Cymbidium does not belong to the national key protected plants. The court of Lushi County acquitted the four men.
The case can be said to have attracted much public attention, and the fate of the four defendants is also a twists and turns. From its first sentence for illegally harvesting the states key protected plants to todays acquittal, it can be regarded as a great ups and downs in life. The innocence judgment of this case undoubtedly also shows the basic principles of judicial organs, especially the peoples courts, that errors must be corrected, that facts should be taken as the basis and that laws should be taken as the criterion. It also shows that only by adhering to the rule of law can we safeguard the legitimate rights and interests of every citizen and ensure that innocent people are not wronged and innocent people are not criminally prosecuted.
The principle of legally prescribed punishment for a specified crime is the most important principle in our criminal law. It mainly refers to those who are explicitly stipulated as criminal acts by law, who shall be convicted and punished in accordance with the provisions of law, and those who are not explicitly stipulated as criminal acts by law shall not be convicted and punished. This principle is adopted by the criminal law of every civilized country ruled by law. It emphasizes the protection of civil rights and freedoms while emphasizing the criminal law to combat crime and maintain social stability. Only by adhering to the principle of no crime in law and no punishment in law, can people clearly understand what is a criminal act and what is a lawful act, and then accurately predict their own behavior, so that they are not always afraid of being guilty of an act.
The acquittal of Cymbidium is known for illegal logging of state key protected plants. The crime mainly refers to illegal cutting of precious trees or other plants under state protection in violation of state regulations. Although Cymbidium belongs to the plant species listed in Appendix 2 of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which China has acceded to, the relevant judicial interpretations clearly stipulate that the list of key protected plants should be based on the National List of Key Protected Wild Plants, while Cymbidium does not issue and implement the National List of Heavy Plants issued by the State Forestry Administration and the Ministry of Agriculture List of protected wild plants (first batch).
It can be seen from this that it lacks legal basis to determine that the act of cutting Cymbidium constitutes the crime of illegal harvesting of state key protected plants, and it is reasonable to conclude that its act does not constitute the crime, so as to conform to the basic criminal law principle of legally prescribed crime. Even if Cymbidium is indeed a species listed in the Convention on International Trade in Endangered Species of Wild Fauna and Flora, even though its degree of endangerment, rarity and market value are much higher than those listed in the List of Wild Plants under State Key Protection, under the principle of legally prescribed punishment for a crime, it can not be extended or deduced to cut Cymbidium. LAN is identified as the crime of illegally harvesting the states key protected plants. If we really think that Huilan deserves protection, we should amend the relevant provisions to include it in the scope of criminal law protection, rather than arbitrarily start criminal prosecution procedures.
It is noteworthy that Qin Yunchang and others have confessed their guilt and repentance in the original trial, and the original trial decision has not been protested or appealed, which has come into effect. However, under the principle of legally prescribed punishment for a specified crime, the defendants confession does not mean that he must be convicted. The fact that the judgment is effective because there is no protest or appeal does not mean that there is no error to be corrected. Even if some defendants who are not familiar with the legal provisions and procedures plead guilty and some judgments have come into effect, the peoples courts, as the last line of defense for fairness and justice, should uphold the principle of legality of crime and sentencing and convict and sentence realistically so as to achieve guilty conviction and acquittal release. Only in this way can we show the power of the rule of law, make the law more dignified, the judiciary more authoritative and the public more secure.
Henans illegal harvesting orchid 4 people were convicted of innocent sentences.
On November 8, 2018, the Peoples Court of Lushi County held a public hearing on four cases of illegal harvesting of state key protected plants. After deliberation, the court sentenced the defendants, Qin Yunchang, Qin Shuai, Huang Haifeng and Xiao Jinshan, respectively, to be acquitted.