Case of Yi [redacted]’s Illegal Introduction of Invasive Alien Species: Judicial Determination of the Crime of Illegal Introduction of Invasive Alien Species

[Keywords]

Criminal; the Crime of Illegal Introduction of Invasive Alien Species; species identification; serious circumstances

[Basic Facts]

On October 21, 2022, the defendant, Yi [redacted], drove a vehicle with Guangdong and Macao license plates and entered the mainland through the passenger vehicle channel at Hong Kong-Zhuhai-Macau Bridge Zhuhai Port without declaring to Customs. During lawful inspection, Customs officers discovered a batch of suspected turtles, including red-eared sliders, hidden in the gap between the vehicle’s sunroof and sun visor crevices, and a concealed compartment in the armrest box. Yi [redacted] failed to provide valid quarantine certificates. Expert assessment identified that 1,760 of the seized turtles were red-eared sliders (scientific name: Trachemys scripta elegans, also known as Brazilian turtles or red-eared turtles), an invasive alien species included in List of Key Invasive Alien Species under State Supervision. The turtles were valued at approximately CNY 88,000. 

[Judgment]

On September 18, 2024, the Zhuhai Intermediate People’s Court of Guangdong Province, issued Criminal Judgment (2024) Yue 04 Xingchu No.98, convicting the defendant, Yi [redacted], of the crime of illegal introduction of invasive alien species, and sentencing him to nine months imprisonment and a fine of CNY 100,000. No appeal was filed by the defendant nor protest lodged by the procuratorate, and the judgment has taken legal effect.

[Judgment’s Reasoning]

The Intermediate People’s Court held that, in accordance with the provisions of Article 344a of the Criminal Law of the People’s Republic of China that “Whoever, in violation of state regulations, illegally introducing, releasing, or discarding invasive alien species, if the circumstances are serious” commits the crime of illegal introduction, release, or discard of invasive alien species. The main issues of this case are the identification of invasive alien species, the threshold for establishing the crime, namely “serious circumstances”, and other constitutive elements.

First, the identification of invasive alien species. According to Article 60, Paragraph 1 of the Biosecurity Law of the People’s Republic of China, “The competent department of agriculture and rural affairs of the State Council, in collaboration with other relevant departments of the State Council, shall formulate the list of invasive alien species and the management procedures.” It can be seen that China implements a list-based management system for invasive alien species. In practice, the scope of invasive alien species can be determined according to the List of Key Invasive Alien Species under State Supervision, formulated by the relevant departments. In this case, the red-eared slider involved is included in the said List as an invasive alien species.

Second, the defendant, Yi [redacted]’s conducts committed the crime of illegal introduction of invasive alien species. Specifically: 

(1) Yi [redacted] concealed and transported red-eared sliders-an invasive alien species-using a vehicle without approval and evaded Customs supervision by entering through an undeclared channel, thereby constituting the crime of illegal introduction of invasive alien species.

(2) The illegal introduction involved 1,760 red-eared sliders with an estimated total value of CNY 88,000, which meets the threshold of “serious circumstances”.

(3) Although Yi [redacted] claimed ignorance of the species’ inclusion in the List, he clearly admitted to knowing that a large number of red-eared sliders were concealed in his vehicle before crossing the border and that their introduction could harm the ecological environment. Hence, he had the requisite criminal intent for illegal introduction.

[Key Points of Judgment]

1. According to the law, China implements a list-based management system for invasive alien species. Whether a species qualifies as an invasive alien species can be determined based on the list formulated by the competent department of agriculture and rural affairs of the State Council, in collaboration with other relevant departments of the State Council.

2. In determining whether the conduct of illegally introducing, releasing, or discarding invasive alien species constitutes “serious circumstances” stipulated in Article 344a of the Criminal Law of the People’s Republic of China, the court shall comprehensively assess situations including the species involved, the quantity, the value, the number of illegal acts, illegal gains, the ecological location of the incident, and the extent of harm.

[Legal Provisions]

1. Article 344a of the Criminal Law of the People’s Republic of China

2. Article 60 of the Biosecurity Law of the People’s Republic of China

3. First Instance: Zhuhai Intermediate People’s Court of Guangdong Province, (2024) Yue 04 Xingchu No.98