Walking a snake in the street scares people and is illegal!
2024-08-07
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You may have seen people walking dogs or playing with cats, but have you ever seen people walking snakes on the street? Some time ago, a man in Zhenxiong County, Zhaotong City, Yunnan Province, walked a 1.5-meter-long snake on the street, scaring the people around him.
At around 22:50 on July 26, in Zhenxiong County, a man entered a supermarket leading a 1.5-meter-long snake on a rope, scaring the adults and children in the supermarket. The supermarket owner immediately called the police.
When the police arrived at the scene, the man insisted that the snake was a "pet" he raised, which was non-toxic and would not hurt anyone. The man then untied the rope, and the out-of-control snake scared the onlookers and made them retreat again and again.
The police immediately put the snake into a bag and took the man to the police station. After questioning, it was learned that the man had caught a rat snake (Elaphe viper) after drinking that night and brought the snake to a public place to play with it, causing panic among the people.
On August 2, the Zhenxiong County Public Security Bureau announced that the man has been given a five-day administrative detention for suspected disturbing public order.
What kind of behavior is it to bring a snake into a supermarket and scare other customers? What punishment will the man face? Please listen to the analysis of lawyer Cha Wenxiao from Jiangsu Su Ming Law Firm:
Q
How to characterize men’s behavior?
A
The man brought the giant snake to the supermarket, which is a public place. Xu's behavior of "walking the snake" in the supermarket and even letting the snake lose control afterwards caused public panic in public places, which disturbed public order. However, since the snake is non-venomous and did not cause any consequences, this kind of behavior with significantly minor circumstances has not reached the level of criminal prosecution, and Article 23 of the "Public Security Administration Punishment Law" should be applied. For disturbing public order, a warning or a fine of less than 200 yuan shall be imposed. For more serious circumstances, detention of more than five days but less than ten days may be imposed, and a fine of less than 500 yuan may be imposed.
In this case, the public security organ's punishment of 5 days of administrative detention imposed on the perpetrator in accordance with the law is reasonable and legal.
Q
What are the legal risks of raising, hunting and trading rat snakes?
A
As a national second-class protected animal, the breeding, hunting and trading of rat snakes are strictly managed and restricted. According to the Wildlife Protection Law, those who engage in the above activities need to obtain relevant permits.
Those who raise, hunt or trade rat snakes without obtaining a permit are considered to be breaking the law and may face administrative penalties such as being ordered to make corrections, fined, or having their illegal gains confiscated. In serious cases, they may also be held criminally liable. According to Article 341 of the Criminal Law, if a person destroys wildlife resources by hunting in a prohibited hunting area or during a prohibited hunting period or using prohibited tools or methods, he or she may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, controlled release or a fine if the circumstances are serious.
If you accidentally capture a nationally protected animal, you should first stop all harmful activities, properly place it, report it to the local forestry department or wildlife protection agency as soon as possible, and cooperate with relevant departments to handle it.
Lawyer reminder
There are many factors to consider when walking an animal on the street, such as whether the animal itself is suitable for domestication, whether it is aggressive, whether it is poisonous or harmful, etc. If the perpetrator takes an aggressive, poisonous or harmful animal on the street without taking protective measures, he or she may be involved in a crime and be subject to criminal punishment.
Source: Jiangsu Broadcasting
