What is the crime of destroying aquatic resources?

That is the concern of Ms. Nguyen Thi Hoai (Thanh Chuong, Nghe An).

Answer: According to Article 242 of the 2017 Penal Code, the crime of destroying aquatic resources is stipulated as follows:

1. Anyone who violates regulations on aquatic resource protection in one of the following cases, causing damage to aquatic resources from VND 100,000,000 to under VND 500,000,000 or aquatic products worth from VND 50,000,000 to under VND 200,000,000 or has been administratively sanctioned for one of the acts specified in this Article or has been convicted of this crime, has not had his/her criminal record expunged and continues to violate, shall be subject to a fine 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) Using toxic substances, explosives, chemicals, electric currents or prohibited means or fishing gear to exploit aquatic resources or destroy aquatic resources;

b) Fishing in prohibited areas or in temporarily prohibited areas;

c) Exploiting aquatic species prohibited from exploitation, if not falling under the cases specified in Article 244 of this Code;

d) Destroying the habitat of aquatic species on the List of endangered, precious and rare species prioritized for protection;

d) Causing injury or damage to the health of another person with a bodily injury rate of 61% or more;

e) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%;

g) Violation of other provisions of law on protection of aquatic resources.

2. Committing a crime in one of the following cases shall be subject to a fine of from VND 300,000,000 to VND 1,000,000,000 or imprisonment from 03 to 05 years:

a) Causing damage to aquatic resources from VND 500,000,000 to under VND 1,500,000,000 or aquatic products harvested worth from VND 200,000,000 to under VND 500,000,000;

b) Causing death;

c) Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 122% to 200%.

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

a) Causing damage to aquatic resources worth VND 1,500,000,000 or more or capturing aquatic products worth VND 500,000,000 or more;

b) Causing the death of two or more people;

c) Causing injury or damage to the health of 03 or more people, with the total body injury rate of these people being 201% or more.

4. The offender may also be fined from VND 20,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.

5. A commercial legal entity committing a crime specified in this Article shall be punished as follows:

a) Committing a crime under the provisions of Clause 1 of this Article shall be subject to a fine of from VND 300,000,000 to VND 1,000,000,000;

b) Committing a crime under the provisions of Clause 2 of this Article shall be subject to a fine of from VND 1,000,000,000 to VND 3,000,000,000;

c) Committing a crime under the provisions of Clause 3 of this Article shall be subject to a fine of from VND 3,000,000,000 to VND 5,000,000,000 or suspension of operations for a period of from 06 months to 03 years;

d) Commercial legal entities may also be fined from VND 50,000,000 to VND 200,000,000, banned from doing business, banned from operating in certain fields from 01 to 03 years or banned from raising capital from 01 to 03 years.

Thus, according to the provisions of Article 242 of the 2015 Penal Code, amended and supplemented in 2017, the main penalties for the crime of destroying aquatic resources for offenders are fines, non-custodial reform and fixed-term imprisonment. The amount of fines and the term of imprisonment will depend on each case and different circumstances of the case. The maximum prison sentence is up to 10 years.