Catching a pheasant does not constitute a criminal offense. The wildlife protection department will confiscate the catch, hunting tools and illegal income, and impose a fine of not less than one time but not more than five times the value of the catch.

1. How many years is the sentence for catching a pheasant?

1. For catching a pheasant, there is usually no jail sentence, only a fine. Those who need to capture and harvest national first-level protected wild animals must apply for a special hunting license from the wildlife administrative department of the State Council; those who hunt national second-level protected wild animals must apply to the wildlife administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government. License to hunt.

Pheasants are national second-level protected animals. According to the laws of our country, anyone who illegally hunts and captures national key protected wild animals shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to five years. The offender shall be sentenced to fixed-term imprisonment of not less than ten years and not more than ten years, and shall also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years, and shall also be fined or his property shall be confiscated.

If you just catch a pheasant, you will generally not be sentenced, but only fined.

The scientific name of pheasant is ring-necked pheasant, which is a national second-level protected animal. If a pheasant is caught, a fine of not less than two times but not more than ten times the value of the catch shall be imposed; if there is no catch, it constitutes a crime and criminal liability shall be pursued in accordance with the law.

The specific penalty depends on whether the circumstances are serious. The criteria for the circumstances refer to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Destruction of Wildlife Resources."

Legal basis:

Article 6 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Destruction of Wild Animal Resources"

Violation of Hunting Regulations , hunting in a protected area or hunting period or using prohibited tools or methods, and any of the following circumstances occurs, it is illegal hunting with "serious circumstances":

(1) Illegal hunting of twenty wild animals The above;

(2) Violating hunting regulations and using prohibited tools and methods for hunting in protected areas or hunting periods;

(3) Other serious circumstances.

Article 341 of the "Criminal Law of the People's Republic of China" Illegal hunting and killing of precious and endangered wild animals

Illegal hunting and killing of nationally protected animals Whoever illegally acquires, transports or sells rare or endangered wild animals under special state protection and their products shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined; if the circumstances are serious, he shall be sentenced to not less than five years in prison. The offender shall be sentenced to fixed-term imprisonment of not more than ten years and shall also be fined; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years and shall also be fined or his property shall be confiscated. Anyone who violates hunting regulations by hunting in a protected area or hunting period or using prohibited tools or methods and destroying wild animal resources, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, control, or a fine.

Article 22 of the "Wildlife Protection Law of the People's Republic of China" If you hunt wild animals that are not under national key protection, you must obtain the approval from the wildlife protection department of the local people's government at or above the county level in accordance with the law. hunting license and subject to hunting quota management.

Article 45 Violates the provisions of Article 20, Article 21, Article 23, Paragraph 1, and Article 24, Paragraph 1 of this Law, in relevant nature protection areas , hunting or killing nationally protected wild animals in prohibited hunting (fishing) areas or during closed hunting (fishing) periods without obtaining a special hunting license, failing to comply with the provisions of the special hunting and catching license, or using prohibited If the tools and methods are used to hunt wild animals under national key protection, the wildlife protection departments, marine law enforcement departments or relevant protected area management agencies of the people's governments at or above the county level shall confiscate the prey, hunting tools and illegal gains according to the division of responsibilities, and revoke the license. If a hunting license is issued, a fine of not less than two times but not more than ten times the value of the catch shall be imposed; if there is no catch, a fine of not less than RMB 10,000 but not more than RMB 50,000 shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 46 Violates the provisions of Article 20, Article 22, Article 23, Paragraph 1, and Article 24, Paragraph 1 of this Law, in relevant nature protection areas Hunting of non-nationally protected wild animals in prohibited hunting (fishing) areas or prohibited hunting (fishing) periods, hunting non-nationally protected wild animals without obtaining a hunting license, failing to comply with the provisions of the hunting license, or using prohibited tools or methods to hunt If any wild animal that is not under national key protection is caught, the wildlife protection department of the local people's government at or above the county level or the relevant protection area management agency shall confiscate the prey, hunting tools and illegal gains according to the division of responsibilities, revoke the hunting license, and impose a fine A fine of not less than one time but not more than five times the value of the property shall be imposed; if no hunting material is found, a fine of not less than RMB 2,000 but not more than RMB 10,000 shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.