Kang Wannian's defense lawyer argued that there was no objection to the criminal facts of Kang Wannian's illegal hunting of precious and endangered protected animals and illegal possession of firearms. However, when Kang Wannian carried a hunting rifle into the reserve, his subjective intention was for self-protection. When Kang Wannian encountered the tiger, shooting the tiger was considered self-defense. Moreover, Kang Wannian did not know it was a tiger before firing. After shooting, he went forward to check and realized that he had hunted a nationally protected wild animal - a tiger.
A village in Mengla County, Xishuangbanna Dai Autonomous Prefecture is located at the edge of the Xishuangbanna National Nature Reserve. Rare animals often appear near the village. Some individual villagers secretly carry hunting rifles to hunt. One evening in February this year, two villagers went up the mountain with hunting rifles. They saw two shining eyes in the bushes and fired without hesitation. A spotted Indochinese tiger thus met its end. The villagers then eviscerated the tiger, divided the tiger meat and took it home to stew.
During yesterday's trial, the prosecutor stated that in January this year, Kang Wannian bought a single-barreled hunting rifle from someone else. Last August, Kang Wannian borrowed a semi-automatic rifle from Bai Zhiquan for ten months. He used this rifle to fire four bullets, all for hunting purposes. Upon examination, both rifles were found to be lethal. Kang Wannian entered the reserve mainly to hunt, with a clear purpose to shoot game. Therefore, when he encountered the tiger, he shot it. Hence, he should bear criminal responsibility.
The tiger meat was eaten, and Kang Wannian and five other villagers thought everything was fine. Unexpectedly, this news reached the Forest Public Security Bureau of Xishuangbanna Prefecture and the Nature Reserve Administration Bureau. The two departments formed a joint team to investigate. On June 12th this year at noon, Chen Naibin's son was arrested while riding a motorcycle out. Police searched Chen Naibin's house and found hidden tiger claws, tiger scalp, and tiger skull. Upon hearing the news, Kang Wannian and Gao Zuqiao also voluntarily surrendered to the public security authorities.
One evening in February this year, Kang Wannian and Gao Zuqiao from the Mandanshan Dachoushui Village in Mengla County, Xishuangbanna Dai Autonomous Prefecture agreed to go catch stone clams in the Nandun River. Dachoushui Village is located at the edge of the Xishuangbanna National Nature Reserve where rare animals often appear. At 10 p.m., they arrived at the riverbank about 10 kilometers away from the village. Suddenly, Kang Wannian noticed two shining eyes in the bushes on the opposite side of the river.
The other five defendants admitted in court to participating in eating the tiger meat. The case has yet to be decided.
Mengla County People's Procuratorate charged that defendant Kang Wannian violated gun control regulations and wildlife protection laws by illegally holding two guns and hunting a first-class nationally protected wild animal - an Indochinese tiger. His actions have breached relevant provisions of our country's laws, and he should be held criminally responsible for illegal possession of firearms and illegal hunting and killing of precious and endangered wild animals. Defendants Gao Zuqiao, Chen Naibin, Yang Jianming, Zhou Ziying knew that the tiger was obtained through crime but concealed and hid it. Their actions violated relevant laws and they should be held criminally responsible for concealing and hiding criminal proceeds. Defendant Bai Zhiquan violated gun control regulations and should be held criminally responsible for illegal possession of firearms.
The next morning, Kang Wannian and Gao Zuqiao called their fellow villager Chen Naibin, Yang Jianming, and Zhou Ziying to go up the mountain. They eviscerated the tiger, skinned it, buried the tiger skin and internal organs on site, and divided the tiger meat, bones, head, and claws among themselves. Each person took their share home to stew and eat. Chen Naibin, who got the tiger head and claws, returned home, opened the tiger's mouth, and found that the tiger's teeth were worn down to only the roots.
The defense lawyer further argued that before the public security authorities took any compulsory measures against Kang Wannian, he voluntarily surrendered to the public security authorities, showing remorse. He also revealed that the rifle used to kill the tiger belonged to defendant Bai Zhiquan, which constitutes meritorious conduct. Therefore, the defense requests that the court fully consider these factors in sentencing.