Did the customs seize wild animals or domesticated and bred animal products?This is related to the determination of the value of smuggled precious animals and their products. On December 13, it was learned from the Beijing No. 4 Intermediate People's Court that in a typical case of smuggling precious animal products, nearly 400 dried fish maw products were determined to be worth more than 250 yuan, and the final defendant Yan was sentenced to 10 years in prison.
Defendant Yan took a plane from Mexico, transited through South Korea, and arrived at the T3 terminal of Beijing Capital International Airport. When entering the country, Yan chose to clear customs without a declaration channel and did not declare any items to the customs, and when the customs officers of the Capital Airport inspected the two suitcases he consigned, they seized a total of 393 fish bladder products wrapped in plastic wrap.
After identification, the above fish maw products are all dried swim bladder products of totoaba in the Gulf of California. Totoaba in the Gulf of California is listed as an Appendix species of the International Convention on Endangered Species of Wild Fauna and Flora (CITES). It was determined that the value of the above-mentioned dried fish maw products was 2,515,200 yuan. On the same day, Yan was arrested by the Anti-Smuggling Bureau of Beijing Customs.
After trial, the court held that the defendant Yan had violated customs regulations and the national wildlife protection system, evaded customs supervision, and brought into the country a precious animal product that the state prohibited from importing or exporting, and the amount was more than 250 yuan, and his behavior constituted the crime of smuggling precious animal products, and the circumstances were particularly serious, and he should be punished in accordance with law. Accordingly, the court ruled that the defendant Yan was guilty of smuggling precious animal products and was sentenced to 10 years imprisonment and confiscated property of RMB 200,000.
Here, Guo Yi, president of the Criminal Division of the Beijing Fourth Intermediate People's Court, particularly reminded that the judgment of whether the precious animals involved in the case are wild animals or artificially domesticated and bred animals is related to the determination of the value of precious animals and their products. Where the artificial breeding technology of the species is not yet mature, and the defendant and his defender have no corresponding evidence to prove their claim, it cannot be determined that the wild animals involved in the case and the products thereof are from artificially domesticated and bred animals.
*:Beijing**.