The anchor cooks national second -level protection animals. I don't know if it is okay?

At present, the anchor's suspected of infringing the national key protection of animals has been confirmed, but whether it is enough to criminal crimes, there are two more clear points: First, the true value of the shark, and second, whether the suspect "knows".

In this regard, Wang Wanqiong, a criminal defense lawyer in Chengdu, believes that although the relevant laws are "knowing", they do not require recognition of the level and specific name of wild animals. Wang Wanqiong said that the Standing Committee of the National People's Congress of the National People's Congress stipulated the relevant criminal law clauses: "Knowing or knowing that it is precious, endangered wildlife and its products that are key national protection, and illegally purchased for food or other purposes. The behavior of precious, endangered wildlife and its products. "

In other words, the "Internet celebrity" is not required to know the names of their purchases and cooking animals called Sharle Eater, which belongs to the national second -level protective animals, which constitutes intention. Instead, as long as the animals such as such shapes and appearances may be the category of national protection, they are still purchased without confirmation, and they still belong to crime. Wang Wanqiong believes that the "knowing" here does not refer to faults, but refers to presented according to the relevant facts.

Considering the purchase situation of the buyers and sellers, if the seller has a rich experience in identifying wild animals, it is clearly informed that the "Internet celebrity" is artificially raised and issued a certain credible certificate. The purchase behavior has been implemented on the trust of the seller's professional knowledge and certification documents. At this time, the perpetrator may be in the position of "deceived".

However, this requires the evidence of the words and sellers of the two parties and the relevant objective written evidence to restore the facts; and predetermine whether it may know whether it may know whether it may know whether it is protected by national protection based on objective aspects, social experience, and education level. animal.

The shark -loving shark is no different from the country's protection of animal sharks in the common sense of the average person. Therefore, it is not necessary to have a very professional cognition and should have a sense of protection.

In addition, the value appraisal of sharks is also the key to whether the anchor is guilty. The Supreme People's Court and the Supreme People's Procuratorate relevant interpretation stipulates: "The precious, endangered wildlife of illegal hunting, killing the country's key protection, or the precious, endangered wildlife and its products that are illegally acquired, transported, and sold are worth 2,000. If less than 200,000 yuan above yuan, it shall be in accordance with the provisions of Article 341, paragraph 1, paragraph 1, paragraph 1 of the Criminal Law to endanger precious and endangered wildlife in five years in prison or detention, and fined The heavier the penalty.

Lawyer Wang Wanqiong believes that the actual protection of animals such as sharks is hunting, killing, acquisition, transportation, and sale. Therefore, the anchor's behavior belongs to the post -punishment.

In addition to paying attention to the anchor's behavior, it should also pay attention to the sale and transport personnel in the coastal areas of Fujian. It is likely to constitute the crime of harm and endangered wildlife, and may be in the case of serious or serious circumstances.

According to the law, the crime of harm and endangered wildlife is a chronological charges, including many behaviors such as hunting, killing, acquisition, transportation, and sale. For multiple behaviors, there are generally no crimes and punishment. The "net celebrity" purchase and kill (cooking) the behavior of the shark should not be punished for several crimes and punishment.

If you simply purchase precious and endangered wild animals for the purpose of eating, it also constitutes the crime of illegal acquisition of precious and endangered wildlife. Of course, there is no purchase behavior, just eating wild animals purchased by others does not constitute a crime.

In addition, if the anchor has repeatedly confirmed the seller to confirm the formal channel of the shark sources, and even issued a relevant certificate, the behavior of the seller may still constitute a crime of fraud.

Wang Wanqiong said that the criminal law's efforts to protect wildlife in response to the strategic decision -making of my country's ecological environment construction. As an individual, you should also recognize the importance of protecting the environment. "Net Red", as a well -known communicator on a public social platform, should be more socially responsible. In order to satisfy the strange psychology, do not think and review within a reasonable range of your behavior, and eagerly show it on the Internet to achieve the purpose of attracting traffic and gaining attention. In this way, obtaining attention to obtaining attention is not to avoid the corresponding punishment with ignorance as an excuse.

Related legal knowledge:

The protection of my country's precious and endangered wildlife in China is mainly concentrated in Article 341 of the Criminal Law.

"Amendment to the Criminal Law (11)" added Article 341, paragraph 3 of the Criminal Law: "Violation of wildlife protection management regulations, and illegal hunting, acquisition, transportation, and sale of the first paragraph of the field of food The terrestrial wildlife that grows and reproduces is severely punished in accordance with the provisions of the previous paragraph. "

The "Supreme People's Court, the Supreme People's Procuratorate's supplementary provisions on the implementation of the" Criminal Law of the People's Republic of China "(7)": "Cancellation of illegal hunting, killing precious, endangered wild animals and illegal acquisitions, transportation, sale of precious, endangered wild wild wild Animals, precious, endangered wildlife products are charged, and the crime of harm and endangered wildlife is determined, and it will be implemented from March 1, 2021. "

my country ’s specific protection of wild animals, in addition to the behavior of illegal hunting, killing, acquisition, transportation, and sale (paragraph 1), illegal hunting (paragraph 2), including illegal hunting, acquisition, transportation, and Crime of selling terrestrial wildlife (provisions of the third paragraph), the above three models are uniformly identified as the crime of harm and endangered wildlife.

Among them, the precious wildlife protected by the state refers to terrestrial and aquatic wild animals that have important value in ecological balance, scientific research, culture and art, development of economy, and national exchanges. Endangered wildlife refers to terrestrial and aquatic wild animals that are scarce and endless or endowed in the risk of extinction. The terrestrial wildlife refers to the terrestrial wildlife that naturally grows and reproduce the natural growth and reproduction of non -state protection of animals in the wild.

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