Guidelines for Units Receiving Forest Animals as Evidence in Criminal Cases

Illustrative image (source: internet)

According to regulations, wildlife rescue centers, zoos, scientific research facilities, environmental education facilities, specialized museums, and special-use forest management boards with wildlife rescue facilities are the bodies responsible for receiving wildlife as evidence of criminal cases transferred under the decision on handling the evidence. Upon receiving, the dossier accompanying the transferred wildlife includes the following documents (depending on the case):

- In case the decision on handling evidence specifies the confiscation of wildlife, the dossier includes: The original decision on handling evidence; the original plan for handling assets established under public ownership, approved in accordance with the law on management and use of public assets; the original minutes according to Form No. 03-BBCG issued together with Decree No. 29/2018/ND-CP. Additional information regarding the scientific name, endangered, precious, rare or common group into the “asset name” column; and the weight, gender of the wildlife into the “quality status” column;

- In case the decision on handling evidence does not specify the confiscation of wildlife, the dossier includes: The original decision on handling evidence; the original minutes of handover of wildlife according to Form No. 01 issued together with Circular 29/2019/TT-BNNPTNT.

Circular 29/2019/TT-BNNPTNT stipulates that the wildlife rescue centers, zoos, scientific research facilities, environmental education facilities, specialized museums, and special-use forest management boards with wildlife rescue facilities upon receiving the animals must:

- Handle the wildlife after receiving based on the plan for handling assets established under public ownership as stipulated in Chapter III of this Circular for cases specified in Point a, Clause 2, Article 6;- Handle the wildlife after receiving according to the form specified in the decision on handling evidence and the execution procedure as stipulated in Articles 11, 12, 13, 14, and 15 of this Circular for cases where the decision on handling evidence specifies the form of handling evidence;- Perform the nurturing and preservation of wildlife according to the regulations stipulated in Article 4 of this Circular for cases specified in Point b, Clause 2, Article 6, except for cases specified in Point b of this Clause.

More details can be found in Circular 29/2019/TT-BNNPTNT, which becomes effective from February 20, 2020.

Thu Ba

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