What is handling for material evidence that are dead wild animals in Vietnam?

What is handling for material evidence that are dead wild animals in Vietnam?

Based on Article 7 of Resolution 05/2018/NQ-HDTP stipulating the handling of material evidence as follows:

1. Handling of wild, endangered or rare animals and their products as material evidence shall be required in the following cases:

a. If the material evidence is living wild, endangered or rare animals, then right after the inspection result is received, they shall be handed over to the specialized management agency in order for this agency to release them back into the wild or hand them over to the rescue center, nature reserves, national park or other agencies and organizations as regulated by laws.

b. If the material evidence is dead animals or the products made from wild, endangered or rare animals are easily damaged, then right after the inspection result is received, they shall be disposed or handed over to the specialized management agency for handling as regulated by laws.

c. Other material evidence unspecified in clause 1a and 1b of this Article shall be confiscated or disposed as regulated by laws.

2. During the judging process, the Court of Justice shall handle the material evidence specified in Clause 1a and 1b of this Article based on the retention forms, electronic photos or data, inspection reports, receipt documents, decisions on handling of material evidence and other related documents or material evidence specified in the case files.

3. Authority and procedures for handling material evidence of wild, endangered or rare animals and their products shall be carried out in accordance with the regulations of the Criminal Procedure Code and documented guidelines for implementation.

Therefore, according to the current regulations, in the case of dead wildlife as material evidence that is damaged or difficult to preserve, it should be destroyed or handed over to the specialized management agency for processing.

What is handling for material evidence that are dead wild animals in Vietnam? (Image from the Internet)

What are penalties for killing endangered animals in Vietnam?

According to Point a, Clause 1, Article 57 of the 2017 Law on Amending to the Criminal Code stipulates:

1. A person who commits any of the following acts, except in the circumstances specified in Article 242 and Article 244 hereof, shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) Illegal hunting, killing, raising, imparking, possession, transport, trading of Group IIB animals or animals in Appendix II of CITES the value of which is assessed at from VND 150,000,000 to under VND 500,000,000; other common wild animals assessed at from VND 300,000,000 to under VND 700,000,000 or earning an illegal profit of from VND 50,000,000 to under VND 200,000,000;

...

Therefore, according to current regulations, in the case of killing animals listed in the list of endangered forest animals, the penalty will be from 150 million VND to 500 million VND.

Best Regards!