In what cases will criminal liability be prosecuted for violating regulations on the protection of endangered, precious and rare animals?

Reply:Protecting rare and precious animals and plants is an important task in the task of protecting nature, protecting biodiversity and protecting the environment in general, which is receiving special attention from the world. Article 244 of the 2015 Penal Code (amended by Point a, Clause 64, Article 1 of the Law amending the 2017 Penal Code) stipulates the crime of violating regulations on the protection of endangered, precious and rare animals. Specifically, in clauses 2 and 3, Article 244 stipulates that the crime falls under one of the following cases:

… "2. Committing a crime in one of the following cases shall be punishable by imprisonment from 05 years to 10 years:

a) The number of animals or body parts that cannot be separated from the life of from 03 to 07 individuals of the mammal class, from 07 to 10 individuals of the bird class, reptile class or from 10 to 15 individuals of other animal classes specified in Point a, Clause 1 of this Article;

b) The number of animals or body parts that cannot be separated from the life of from 08 to 11 individuals of the mammal class, from 11 to 15 individuals of the bird class, reptile class or from 16 to 20 individuals of other animal classes specified in Point d, Clause 1 of this Article;

c) From 01 to 02 elephants, rhinos or vital body parts of from 01 to 02 elephants, rhinos; from 03 to 05 bears, tigers or vital body parts of from 03 to 05 bears, tigers;

d) Elephant tusks weighing from 20 kilograms to less than 90 kilograms; rhinoceros horns weighing from 01 kilogram to less than 09 kilograms;

d) Organized;

e) Taking advantage of position, power or taking advantage of the name of an agency or organization;

g) Using prohibited hunting tools or means;

h) Hunting in prohibited areas or during prohibited times;

i) Cross-border trading and transportation;

k) Dangerous recidivism.

3. Committing a crime in one of the following cases shall be punishable by imprisonment from 10 to 15 years:

a) The number of animals or body parts that cannot be separated from the life of 08 or more individuals of the mammal class, 11 or more individuals of the bird or reptile class, or 16 or more individuals of other animal classes specified in Point a, Clause 1 of this Article;

b) The number of animals or body parts that cannot be separated from the life of 12 or more individuals of the mammal class, 16 or more individuals of the bird or reptile class, or 21 or more individuals of other animal classes specified in Point d, Clause 1 of this Article;

c) From 03 elephants, rhinos or vital body parts of 03 elephants, rhinos or more; 06 bears, tigers or vital body parts of 06 bears, tigers or more;

d) Elephant tusks weighing 90 kilograms or more; rhino horns weighing 09 kilograms or more.

4. The offender may also be fined from VND 50,000,000 to VND 200,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

Thus, for the crime of violating regulations on the protection of endangered, precious and rare animals as prescribed in Article 244 of the Penal Code 2015 (Law amending the Penal Code 2017), the maximum prison sentence is up to 15 years. Committing a crime with the quantity, scale, etc. as prescribed in clauses 2 and 3 above will be prosecuted for criminal liability according to the corresponding penalty framework. In addition, the offender may also be fined from 50,000,000 VND to 200,000,000 VND, banned from holding positions, banned from practicing a profession or doing certain jobs from 01 year to 05 years.