1. The wild giant salamander belongs to the national second-class protected animal, and it is illegal to kill the wild giant salamander, and it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined;
2. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years and fined;
3. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.
The constitutive elements of the crime of illegally killing precious wild animals are as follows:
1, object elements, the object of infringement is the management system of precious and endangered wild animals under special state protection;
2. Objective elements, objectively manifested as illegal hunting and killing of rare and endangered wild animals under special state protection;
3, the main elements, the subject is the general subject, that is, anyone who reaches the age of criminal responsibility and has the ability to be criminally responsible can constitute;
4. Subjective elements, the subjective aspect is intentional, and negligence does not constitute.
To sum up, those who kill wild giant salamanders shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. Giant salamander is one of the endangered wild animals endemic to China, so if it is killed illegally, it will be punished by law. The length of the sentence and the verdict will depend on the specific facts, evidence and the attitude of the defendant.
Legal basis:
Article 341 of the Criminal Law of People's Republic of China (PRC)
Crime of Endangering Rare and Endangered Wild Animals Whoever illegally hunts and kills rare and endangered wild animals under special state protection, or illegally buys, transports or sells rare and 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 fixed-term imprisonment of not less than five years but not more than ten years and shall also be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years and shall also be fined or confiscated.
The crime of illegal hunting, which violates hunting laws and regulations, hunts in a game reserve or during a game ban, or hunts with prohibited tools and methods, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
The crime of illegally hunting, purchasing, transporting and selling terrestrial wild animals violates the laws and regulations on wildlife protection and management, and illegally hunting, purchasing, transporting and selling terrestrial wild animals that naturally grow and breed in the wild environment for the purpose of eating. If the circumstances are serious, it shall be punished in accordance with the provisions of the preceding paragraph.