Resolution No. 05/2018/NQ-HDTP dated November 05, 2018 of the Justice Council of People’s Supreme Court on guiding the application of the Penal Code’s Article 234 on the offense of violating regulations on protection of wild animals and Article 244 on the offense of violating regulations on protection of endangered, precious and rare animals

RESOLUTION

Guiding the application of the Penal Code’s Article 234 on the offense of violating regulations on protection of wild animals and Article 244 on the offense of violating regulations on protection of endangered, precious and rare animals^[1]

THE JUDICIAL COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

In order to apply correctly and uniformly the Penal Code’s Article 234 on the offense of violating regulations on protection of wild animals and Article 244 on the offense of violating regulations on protection of endangered, precious and rare animals, and the Criminal Procedure Code’s Article 106 on disposal of exhibits at the stage of adjudication;

After obtaining opinions of the President of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Scope of application

This Resolution guides the application of the Penal Code’s Article 234 on the offense of violating regulations on protection of wild animals and Article 244 on the offense of violating regulations on protection of endangered, precious and rare animals, and the Criminal Procedure Code’s Article 106 on disposal of exhibits at the stage of adjudication.

Article 2. Guidance on application of a number of circumstances for determination of offenses

1. Wildlife prescribed in Article 234 of the Penal Code means animals on the List of endangered, precious and rare forest plants and animals of group IIB prescribed by the Government or in Annex II to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

2. Other wildlife prescribed in Article 234 of the Penal Code means ordinary forest animals prescribed by law and endangered wild animals in Annex III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. 

3. Endangered, precious and rare animals prescribed in Article 244 of the Penal Code means animals on the List of endangered, precious and rare species prioritized for protection or the List of endangered, precious and rare forest plants and animals of group IB prescribed by the Government or in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

4. Individual means a dead or an alive animal. A dead animal which is minus one or more than one body organ shall also be considered an individual (for example, a dead gecko which is minus internal organs or a dead tiger which is minus a leg).

5. Parts inseparable from living bodies means body parts performing specialized functions, the separation of which from an alive animal will lead to the dead of such animal (for example, head, heart, skin, skeleton, liver, etc.).

6. Products of wild animals and endangered, precious and rare animals means products originating from animals (for example, meat, egg, milk, sperm, embryo, blood, internal organs, skin, hair, bone, horn, tusk, leg, hoof, etc.); preliminary processed or processed aquatic animals in complete set; articles with compositions made of processed parts of wild animals or endangered, precious and rare animals (for example, paste processed from bones of wild animals; bags, wallets and belts made of skins of wild animals). 

7. Animals of other classes prescribed in Article 244 of the Penal Code means endangered, rare and precious animals which do not belong to the class Mammalia, Aves or Reptilia but are on the List of endangered, precious and rare species prioritized for protection, the List of endangered, precious and rare forest plants and animals of group IB prescribed by the Government or in Annex I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.

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