▲The picture is from the internet.
After about 10:50 on May 16, 2018, after two years of imprisonment, Wang Peng of the “parrot case” finally came out of Shenzhen Baoan District Detention Center, and his wife Ren Panpan and two years old Half of the son hugs in front of the detention center.
Wang Peng said in an interview with the interface reporter that when he saw a family who had met for a long time, his feelings were "extremely agitated." As to whether he would file a complaint on the outcome of the second instance verdict, "After returning home, with my wife." discuss".
Wang Peng said, “There is still a long way to go. We must also consider family conditions and legal regulations.”
Ren Panpan told the interface journalist that he and his parents-in-law are very Before preparing for Wang Peng’s release from prison, he “cleansed his house, changed the sheets and provided him with daily necessities.”
Ren Panpan said, looking out of Wang Peng’s detention center It's okay to be "more spirited than when the second instance was tried."
As for the arrangement of Wang Peng’s family after his release from prison, Ren Panpan decided to “first (to Wang Peng and his family) a medical examination, relax here for a period of time, then return home to recuperate, and then long-term plan for life.”
The former Panpan once said to the media that he "resolutely has to appeal again." If Wang Peng agrees, the couple will insist on appeal no matter how long.
The case's defense attorney, Xu Wei, interviewed by the interface reporter said that if Wang Peng chooses to appeal, he should file a complaint with the Shenzhen Intermediate People’s Court, the original court of the case, and then escalate the complaint. However, he himself believes that Wang Peng "may not appeal, after all, people have been free."
In May 2016, Shenzhen man Wang Peng was detained on criminal charges for "illegal sale of precious and endangered wild animals and their products." According to police investigations, of the six parrots previously sold by Wang Peng, two were small gold sun parrots, and the scientific name was Bactrian Cone, belonging to protected species.
Ren Panpan recalls that Wang Peng’s parrot transferred his gifts to his colleagues after they arrived at the factory. Wang Peng took home the parrot carefully and bought a pair of female parrots to breed more than 40 birds a year.
At the beginning of April 2016, Wang Peng will hatch two cheeked parakeets for $500 each.The price was sold to Xie Moumou.
On May 17th of the same year, the public security organ seized 35 such parrots in Wang Peng's dormitory, including 9 monk parrots and 1 African parrot, totalling 45. These parrots have previously been listed in Appendix II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
In April 2017, Bao'an District People’s Court of Shenzhen City sentenced defendant Wang Peng to five years in prison for illegally selling valuable and endangered wild animals and imposed a fine of RMB 3,000. Wang Peng and his family expressed unacceptable results on the verdict and subsequently filed an appeal.
According to the interface news, it was previously reported that on November 6, 2017, the Shenzhen Intermediate People's Court held a second hearing to hear Wang Peng’s appeal for the illegal sale of precious and endangered wild animals. The defense lawyer acquitted the defendant. Whether the defense and artificial domestication of the green-cheeked conure parrot is endangered or wild animal has become the biggest dispute point between the prosecution and the defense.
The case's second-instance defense lawyer, Si Weijiang, told the interface journalist that the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Violating Wildlife Resources” mixed domestic and wild animals. In line with China's participation in the "Convention on International Trade in Endangered Species of Wild Fauna and Flora", the Convention adopts grading protection and divides wild animals into Appendix I, Appendix II and Appendix III.
"In the judicial interpretation of China, for domesticated animals, both Appendix I and Annex II are equally protected as wild animals, regardless of rank. International conventions are hierarchical protection, especially Appendices 2 to domesticated wild animals, as long as they prove to be domesticated, can be bought and sold. Hong Kong, Taiwan, etc., as the participating areas of the Convention, are strictly protected in accordance with the Convention, not the protection of the Hyper Convention, said Si Weijiang. The parrots involved in this case are appendix 2 wild animals for domestication and breeding. According to the spirit of the Convention, they should not be prohibited from buying and selling, and therefore should not constitute crimes.
According to the Legal Evening News, during the two sessions this year, Shang Lunsheng, deputy to the National People's Congress and chairman of the Gansu Provincial Lawyers Association, proposed to amend the judicial interpretation (Legal (2000) No. 37) and cancel the precious and endangered wild. The content of the "domesticated reproduction of the above species" in the original identified range of animals. Sang Lunsheng said that the current judicial interpretation has expanded the scope of wildlife protection. Expanding this situation means expanding the target of crime and expanding the target of crime. This means lowering the standard of crime and possiblySome crimes that are not crimes are included in crimes to combat them.
Xu Zheng believes that the reasons for Wang Peng’s innocence in Shenzhen’s “parrot case” are very comprehensive and institutionally significant. At present, it has triggered social concerns. Some people’s delegates have proposed relevant motions. We hope that this case can be adopted. It prompted the Supreme Court to revise the original judicial interpretation.
On March 30, 2018, the Shenzhen Intermediate People's Court made a second-instance judgment: Wang Peng, the appellant, was sentenced to 2 years imprisonment for the offence of illegal acquisition and sale of valuable and endangered wild animals, and fined RMB 3000 yuan. The prison term starts from May 17, 2016 and is held on May 16, 2016.