Sentencing standards for illegal hunting

The sentencing standards for illegal hunting are as follows:

1. Whoever, in violation of hunting laws and regulations, hunts in a game-closed area or during a game-closed period or uses prohibited tools and methods to destroy wildlife resources shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine;

2. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.

What are the conditions for illegal hunting?

The conditions for illegal hunting are as follows:

1, object elements, the object of infringement is the national management system for the protection of wildlife resources;

2. The objective requirements are objectively manifested as violating hunting laws and regulations, hunting in a game reserve or during a game ban, or using prohibited tools and methods to destroy wildlife resources, and the circumstances are serious;

3, the main elements, whether it is a person specializing in hunting or other citizens, as long as they reach the age of criminal responsibility and have the ability to be criminally responsible;

4. Subjective elements, subjectively intentional, that is, knowing that hunting is carried out in a game reserve, a game ban period, or using prohibited tools and methods. Whether it is for profit or other purposes does not affect the establishment. Negligence cannot constitute.

Legal basis: Article 341 of the Criminal Law of People's Republic of China (PRC).

Crime of Endangering Rare and Endangered Wild Animals Whoever illegally hunts and kills rare and endangered wild animals under special state protection, or illegally buys, transports or sells rare and endangered wild animals under special state protection and their products, 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.

The crime of illegal hunting, which violates hunting laws and regulations, hunts in a game reserve or during a game ban, or hunts with prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.

The crime of illegally hunting, purchasing, transporting and selling terrestrial wild animals violates the laws and regulations on wildlife protection and management, and illegally hunting, purchasing, transporting and selling terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating. If the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph.