What is the crime of destroying aquatic resources?

This is a matter of concern for 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 defined as follows:

1. Any person who violates regulations on the protection of aquatic resources in one of the following cases, causing damage to aquatic resources from VND 100,000,000 to less than VND 500,000,000 or the value of harvested aquatic products from VND 50,000,000 to less than VND 200,000,000, or who has been administratively penalized for one of the acts specified in this Article, or who has been convicted of this crime and has not had their criminal record expunged but continues to violate the regulations, shall be fined from VND 50,000,000 to VND 300,000,000, sentenced to non-custodial correctional labor for up to 3 years, or imprisoned from 6 months to 3 years:

a) Using poisons, explosives, chemicals, electricity, or prohibited means and fishing gear to exploit or destroy aquatic resources;

b) Fishing in prohibited areas or areas with temporary prohibitions;

c) Exploiting aquatic species that are prohibited from being exploited, unless it falls under the cases stipulated in Article 244 of this Code;

d) Destroying the habitat of aquatic species listed in the List of Endangered, Rare, and Precious Species prioritized for protection;

d) Inflicting injury or causing harm to the health of another person resulting in a bodily injury rate of 61% or higher;

e) Inflicting injury or causing harm to the health of two or more people, where the total percentage of bodily injury sustained by these people ranges from 61% to 121%;

g) Violating other provisions of the law on the protection of aquatic resources.

2. Committing an offense falling under one of the following circumstances shall be punishable by a fine of VND 300,000,000 to VND 1,000,000,000 or imprisonment from 3 to 5 years:

a) Causing damage to aquatic resources ranging from VND 500,000,000 to less than VND 1,500,000,000, or resulting in losses to aquatic products valued from VND 200,000,000 to less than VND 500,000,000;

b) Causing death;

c) Inflicting injury or causing harm to the health of two or more people, where the total percentage of bodily injury sustained by these people ranges from 122% to 200%.

3. Committing an offense falling under one of the following circumstances shall be punishable by imprisonment from 5 to 10 years:

a) Causing damage to aquatic resources worth VND 1,500,000,000 or more, or resulting in losses of aquatic products worth VND 500,000,000 or more;

b) Causing the death of two or more people;

c) Causing injury or harm to the health of three or more people, where the total percentage of bodily injury sustained by these people is 201% or more.

4. Offenders may also be fined from VND 20,000,000 to VND 100,000,000, prohibited from holding office, or prohibited from practicing a certain profession or doing a certain job for a period of 1 to 5 years.

5. Commercial legal entities that commit offenses stipulated in this Article shall be punished as follows:

a) If the offense falls under the circumstances specified in Clause 1 of this Article, the penalty shall be a fine of VND 300,000,000 to VND 1,000,000,000;

b) If the offense falls under the circumstances specified in Clause 2 of this Article, the penalty shall be a fine of VND 1,000,000,000 to VND 3,000,000,000;

c) If the offense falls under the circumstances specified in Clause 3 of this Article, the penalty shall be a fine of VND 3,000,000,000 to VND 5,000,000,000 or suspension of operations for a period of 6 months to 3 years;

d) Commercial legal entities may also be fined from VND 50,000,000 to VND 200,000,000, prohibited from doing business, prohibited from operating in certain fields for 1 to 3 years, or prohibited from raising capital for 1 to 3 years.

Thus, according to Article 242 of the 2015 Penal Code, as amended in 2017, the main penalties for the crime of destroying aquatic resources are fines, non-custodial correctional sentences, and imprisonment for a fixed term. The amount of the fine and the duration of the prison sentence will depend on the specific circumstances of each case. The maximum prison sentence is up to 10 years.