The legal basis is as follows:
criminal law
Article 34 1
Whoever, in violation of hunting laws and regulations, hunts in a game reserve or during a game ban or uses prohibited tools and methods to destroy wildlife resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a single fine.
Related case
With the improvement of the ecological environment, pheasants that have not been seen for a long time appear in the fields again. Villagers Liu, Wang and Wang wanted to catch a pheasant and taste it. In the middle of the night, the three met to catch a pheasant in the field with spotlights and nets. Appraised by the Forest Public Security Judicial Appraisal Center of the National Forestry and Grassland Bureau, the pheasant caught is a national "three-owned" animal. It is also found that in 2020, the Cangzhou Municipal People's Government issued an announcement that all the administrative areas of Cangzhou City are wildlife reserves, and it is forbidden to hunt all wild animals at any time. The People's Procuratorate of Mengcun Hui Autonomous County accused three people of illegal hunting and filed a public prosecution with the People's Court of Mengcun Hui Autonomous County.
After trial, the court held that the three defendants violated hunting laws and regulations and used illegal methods to hunt in the no-hunting area and during the no-hunting period, and the circumstances were serious. His behavior has constituted the crime of illegal hunting, and the public prosecution agency accused him of being guilty. 3. The defendant voluntarily surrendered himself and truthfully confessed the facts of the crime, which means that he surrendered himself, pleaded guilty and admitted punishment, and may be given a lighter punishment according to law. The defendant has pleaded guilty and repented, and the application of probation will not cause social harm and can be suspended. The sentencing suggestion of the public prosecution agency is appropriate and adopted. According to the law, the court sentenced the three defendants to three months' criminal detention, suspended for three months, and the tools for committing crimes were confiscated according to law.