How are people who trade in wild animals criminally prosecuted under current regulations?
(Baonghean.vn) - My child has just been arrested for wildlife trafficking. How will people who traffic in wildlife be punished under current regulations? This is a concern of Ms. Tran Thi Van (Thanh Chuong, Nghe An).
Answer: Pursuant to Article 234 of the 2015 Penal Code (amended by Point a, Clause 57, Article 1 of the Law amending the 2017 Penal Code), the crime of violating regulations on wildlife protection is regulated as follows:
1. Anyone who commits one of the following acts, if not falling under the cases specified in Articles 242 and 244 of this Code, shall be subject to a fine of from VND 50,000,000 to VND 300,000,000, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years:
a) Illegally hunting, killing, raising, confining, storing, transporting, or trading animals in the List of endangered, precious, and rare forest plants and animals of Group IIB or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora worth from VND 150,000,000 to under VND 500,000,000 or other wild animals worth from VND 300,000,000 to under VND 700,000,000 or illegally profiting from VND 50,000,000 to under VND 200,000,000;
b) Illegally storing, transporting, or trading body parts or products of animals in the List of endangered, precious, and rare forest plants and animals of Group IIB or Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora worth from VND 150,000,000 to under VND 500,000,000 or of other wild animals worth from VND 300,000,000 to under VND 700,000,000 or illegally profiting from VND 50,000,000 to under VND 200,000,000;
c) Illegally hunting, killing, raising, confining, storing, transporting, or trading animals, body parts, or animal products for illegal profit or with a value below the level specified in Point a or Point b of this Clause but having been administratively sanctioned for one of the acts specified in this Article or having been convicted of this crime and not yet had the criminal record expunged, but still committing the violation.
Accordingly, if the wildlife being traded is not a rare species, the offender will be fined from VND 50,000,000 to VND 300,000,000, sentenced to non-custodial reform for up to 03 years or imprisoned from 06 months to 03 years. The penalty will depend on the amount of illegal profits obtained according to the above legal provisions.
