Forbidden fishing period illegal electric fish constitutes a crime
Original title: Forbidden fishing stage forbidden arrowless district illegal electric fish constitutes a crime [case] Recently, Kunming Wuhua District People’s Court reviewed a criminal accompanied by civil public welfare lawsuit cases, the defendant Li, Li, Zhang, Zhang Yun In the forbidden capture of illegal fishing water products, it constitutes a crime, and it is sentenced to a penalty of 2,000 yuan, and there is no more electric fish. At the same time, 3 people need to replace the fish in Dianchi, and apologize to the public.
One night in August 2020, Li Weicked a fishing machine, and 上海水磨KB invited Li Mou, and Zhang was together to use high-voltage electric fish equipment, electric fish in Panlong District, and then take the fish home to eat. . According to 3 people, the catch is less than 1 kg.
The source Qing reservoir belongs to the Basin Basin Basin in Jinsha River (Kunming Section), which was implemented in 10 years of ban on July 1, 2020.
After the court, the court held that the defendant Li, Li Moumou, Zhang Mou’s banned tool used the disabled tool in the forbidden capture area, and constitutes the crime of illegal fishing.
After three defendants arrived, they can confess their own crimes, and voluntarily convict, they can be treated from wide treatment according to law. The court made a judgment, Li Mou, Li Moumou, Zhang Mou’s illegal fishing water products, respectively 上海水磨休闲中心 sentenced a penalty of 2,000 yuan; one of the crime tools 100,000 volts, 2 electric shock poles, and 1 charger. Part of the civil responsibility, the two parties reached a mediation agreement: 3 people assume the total amount of ecological compensation costs of 2000 yuan, used to purchase the corresponding fish to return to Dianchi, and apologize to the public in the provincial level. [Interpretation] Article 340 of the Criminal Law has clearly stipulated in the crime of illegal fishing water products, violates the protection of aquatic resource regulations, in prohibits fishing areas, banned fishing or use disabling tools, methods of fishing, and serious circumstances, In prison, criminal detention, control or penalty in three years.
This conviction standard, there is no quantity limit for illegal fishing, as 上海足浴kb论坛 long as it meets the bans, forbidden, the use of the two cases of disabling tools, even if only one fish, a shrimp, also constitutes a crime. In addition, Article 30 of the Fisheries Law has also stipulated that it is forbidden to use frying, poisonous fish, electric fish, etc. to catch fisheries resources. It is forbidden to fish in a non-fishing area and ban. Regarding the problem of alternative repair, the first thousand of civil conductors stipulate that violations of national regulations have caused ecological environmental damage, and the organizational or legal provisions of the national or law have the right to request the infringement in reasonable organization. Repairing responsibility within the period. Invades are not repaired in the period, the organization stipulated by the state or the organization can be repaired by others or entrust others, and the cost of the required cost is borne by the infringement.
Article 1235 stipulates that in violation of the national regulations, the organs or law stipulated by the state or laws have the right to request an invading compensation: the ecological environment is damaged to the repair completion period Loss caused by loss; losses caused by permanent damage of ecological environment; ecological environmental damage investigation, appraisal assessment and other costs; clear pollution, repair ecological environment fees; prevent damage to the occurrence and expanded reasonable costs. (Xie Shengmei) (Edited: Mu Jingyu, Zhu Hongxia) Sharing let more people see.