[Basic facts]
From December 1993 to January 1994, the defendant Ma Moumou, accompanied by Ma Moumouni, Er Mou, Hai Mou and 12 other people, sneaked into the Kexili area, illegally hunting Tibetan antelope, a precious and endangered wild animal protected by the state. On January 16, 1994, the working group of the Western Working Committee of Zhiduo County, Yushu Tibetan Autonomous Prefecture, Qinghai Province went to Kekexili to arrest the above-mentioned personnel and Wang Moumou Mai and Han Moumouyu, who illegally hunted Tibetan antelope in the Kekexili area, and confiscated more than 1,200 Tibetan antelope skins, 6 small-caliber rifles, more than 3,000 semi-automatic bullets, 3 Dongfeng trucks, and 1 Beijing jeep. On January 18 of the same year, the above-mentioned personnel were taken to Golmud , and Han Mouming, Ma Mouxiao and others organized a resistance. Ma Moumou took advantage of the chaos and fled until he was arrested by the Public Security Bureau of Yushu Tibetan Autonomous Prefecture, Qinghai Province on September 10, 2020. On May 31, 2021, the People's Procuratorate of Yushu City, Qinghai Province filed a public prosecution for Ma Moumou suspected of illegally hunting and killing precious and endangered wild animals protected by the state.
[Judgement Results]
Qinghai Province Yushu City People's Court held in the first instance that the defendant Ma Moumou illegally hunted and endangered wild animals protected by the state, and based on the "Supplementary Provisions of the Standing Committee of the National People's Congress on Punishing the Crime of Catching and Killing of Rare and Endangered Wild Animals" applied on November 8, 1988, which was applied to the time of his behavior, he should be held criminally responsible for the crime of illegally hunting and endangered wild animals protected by the state. At the same time, he fled while escorting on January 18, 1994 until he was arrested on September 10, 2020, and was not subject to the prosecution period according to law. Given that Ma Moumou was an accomplice and pleaded guilty and accepted punishment, he was sentenced to 6 years in prison and a fine of 2,000 yuan. After the verdict was announced, the parties did not appeal or appealed to , and the first-instance judgment had taken legal effect.
[Typical Significance]
Kekexili National Nature Reserve is located in the northwest of Qinghai-Tibet Plateau with a total area of 45,000 square kilometers. The average altitude of is more than 54,600 meters. It is known as the "Qingdaemic Gene Bank of Wildlife on the Qinghai-Tibet Plateau" and was included in the World Natural Heritage List in 2017. It is a habitat for rare species endemic to the Qinghai-Tibet Plateau. The Tibetan antelope, a national first-class protected wild animal hunted and killed in this case, is a typical representative of the basic species and fauna of the Qinghai-Tibet Plateau. It supports a complete biological chain system and plays an important role in maintaining the ecological balance of the Qinghai-Tibet Plateau and the biodiversity of . On January 18, 1994, a major Tibetan antelope poaching and gun murder occurred in the Kekexili Nature Reserve. The "environmental defender" Jaisan Sonandajie fought a desperate battle with the poachers and was unfortunately shot and died. The net of heaven is vast and unobstructed. As an accomplice, the defendant Ma Moumou was arrested and accepted legal sanctions after absconding for nearly 30 years, which comforted the heroic spirit of the martyrs. The trial of this case in accordance with the law fully demonstrates the people's court's determination to keep in mind the mission and requirements of "the country's major" and use judicial means to comprehensively protect the creatures and plants of the Qinghai-Tibet Plateau and thousands of mountains and rivers.
Source: Supreme People's Court
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