How is the crime of violating regulations on management of nature reserves regulated?
(Baonghean.vn) - Currently, for profit and money, some people hunt wild animals indiscriminately, even rare animals. So how will those who are assigned to manage conservation areas but violate regulations be punished? This is a matter of concern for Mr. Tran Huu Dinh (Con Cuong, Nghe An).
Answer: According to the provisions of Article 245 of the 2015 Penal Code, the crime of violating regulations on the management of nature reserves is defined as follows:
1. Anyone who violates the regulations on management of nature reserves in one of the following cases 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) Causing property damage from VND 50,000,000 to under VND 200,000,000;
b) Causing damage to the landscape and natural ecosystem in the strictly protected zone of a nature reserve with a total area of 300 m2up to 500 m2;
c) Having been administratively sanctioned for one of these acts and still committing the violation or having been convicted of this crime and not yet had the criminal record cleared and still committing the violation.
2. 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 200,000,000 or more;
b) Causing damage to the landscape and natural ecosystem in the strictly protected area of a nature reserve with a total area of 500m2 or more.2or more;
c) Organized;
d) Using prohibited tools, means and measures;
d) Dangerous recidivism.
3. The offender may also be fined from VND 10,000,000 to VND 100,000,000, banned from holding positions, practicing a profession or doing certain jobs from 01 to 05 years.
4. 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 or suspension of operations for a period of from 06 months to 03 years;
c) Committing a crime under the provisions of Article 79 of this Code shall result in permanent suspension of operations;
d) Commercial legal entities may also be fined from VND 50,000,000 to VND 500,000,000, banned from doing business, banned from operating in certain fields or banned from raising capital from 01 to 03 years.
Thus, for the crime of violating regulations on the management of nature reserves, the highest prison sentence is up to 07 years.
