Is spreading dangerous diseases to animals and plants punishable by imprisonment?
(Baonghean.vn) - In case a person carries infected plants out of the epidemic area and spreads a dangerous disease to plants, will he be imprisoned? This is a concern of Mr. Lang Van Hung (Quy Hop, Nghe An).
Reply: The crime of spreading dangerous diseases to animals and plants is regulated in Article 241 of the Penal Code 2015, amended in 2017, specifically as follows:
1. Anyone who commits one of the following acts, causing the spread of dangerous diseases to animals or plants, causing property damage from VND 100,000,000 to under VND 500,000,000, or has been administratively sanctioned for one of these acts but continues to commit the violation, shall be subject to a fine from VND 50,000,000 to VND 200,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 02 years:
a) Bringing into, taking out or allowing to be brought into or taken out of an epidemic area animals, plants, animal products, plants or other items infected with diseases or carrying pathogens, except in cases where the law provides otherwise;
b) Bringing into or allowing to bring into the territory of Vietnam animals, plants, animal and plant products subject to quarantine without complying with the provisions of law on quarantine;
c) Other acts that spread dangerous diseases to animals and plants.
2. Committing a crime in one of the following cases shall be punishable by imprisonment from 02 years to 05 years.
a) Causing property damage from 500,000,000 to under 1,000,000,000 VND;
b) Leading to the declaration of an epidemic under the authority of the Chairman of the District People's Committee or the Chairman of the Provincial People's Committee.
3. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:
a) Causing property damage of VND 1,000,000,000 or more;
b) Leading to the declaration of an epidemic under the authority of the Minister of Agriculture and Rural Development.
4. The offender may also be fined from 20,000,000 to 100,000,000 VND, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
Thus, those who carry infected plants out of the epidemic area, causing the spread of dangerous diseases to plants, may be imprisoned for the crime of spreading dangerous diseases to plants. Depending on each case, they may be imprisoned from 06 months to 07 years. In addition, the offender may be fined from 20,000,000 to 100,000,000 VND, banned from holding positions, practicing a profession or doing certain jobs from 01 year to 05 years.
