Guidelines for Sentencing Framework for the Crime of Violating Wildlife Protection

Guidelines for Sentencing Framework for the Crime of Violating Wildlife Protection
Kim Linh

The Council of Judges has recently promulgated Resolution 05/2018/NQ-HDTP providing guidance on the application of Article 234 regarding offenses of violating regulations on the protection of wild animals and Article 244 regarding offenses of violating regulations on the protection of endangered, precious, and rare animals of the Criminal Code.

Resolution 05 specifically stipulates certain circumstances that constitute offenses in the protection of wildlife and rare animals as follows:

- Hunting in prohibited areas includes hunting in nature reserves, national parks, nature reserves, species-habitat conservation areas, and landscape protection zones;- Hunting during prohibited times refers to hunting during their breeding season or migration season;- Using prohibited hunting tools or means includes the use of weapons, poisoned arrows, explosives, poisons, digging pits, setting traps, etc.;- Cross-border transportation and trading involve cases where the offender has or is in the process of transporting wildlife across the national borders of the Socialist Republic of Vietnam or the reverse.

Resolution 05/2018/NQ-HDTP takes effect from December 1, 2018.

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