Eating horseshoe crab may result in a prison sentence of up to five years or criminal detention.
Eating horseshoe crab is suspected of illegally hunting and killing precious and endangered wild animals. His behavior violates the relevant national wildlife protection laws and regulations and hunts and kills precious and endangered wild animals that are under key national protection.
The crime of illegally hunting and killing precious and endangered wild animals has the following two situations:
1. Hunting refers to the use of specific methods to capture;
2. Killing refers to mutilation to death.
The form of liability for the crime of illegally hunting and killing precious and endangered wild animals is intentional, which refers to the subjective psychological state of hunting and killing knowingly that they are rare and endangered wild animals.
There are many ways to illegally hunt precious and endangered wild animals, but they can be summarized into the following three categories:
1. Hunting of precious and endangered terrestrial wild animals;
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2. Catching precious and endangered aquatic wild animals;
3. Killing precious and endangered terrestrial or aquatic wild animals.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 341 Illegal hunting and killing of precious and endangered wild animals The crime of illegally purchasing, transporting, and selling precious and endangered wild animals, and the products of precious and endangered wild animals, the crime of illegally hunting and killing precious and endangered wild animals under key state protection, or illegally purchasing, transporting, and selling precious and endangered wildlife under key state protection. Wild animals 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, they shall be sentenced to fixed-term imprisonment of not less than five years and not more than 10 years, and shall also be fined; if the circumstances are particularly serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years and not less than 10 years. and shall be subject to fines or confiscation of property.
Whoever commits the crime of illegal hunting in violation of hunting regulations, hunts in protected areas or hunting periods or uses prohibited tools or methods, destroys wild animal resources, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, regulations or fines.
In violation of wildlife protection and management regulations, illegal hunting, acquisition, transportation, and sale of terrestrial wild animals that grow and reproduce naturally in the wild environment other than those specified in Paragraph 1 for the purpose of consumption, if the circumstances are serious, shall be punished in accordance with Penalties specified in the preceding paragraph