Abstract
Wildlife crimes have been continuously increasing all over the world but particularly in ASEAN countries, and the criminals have employed more and more sophisticated tatics and strategies. Though many countries have introduced their own solutions to enhance the legal response and capacity to investigate, prosecute and adjudicate wildlife-related crimes, the results so far are under expectation. Vietnam has various types of wild, precious and rare flora and fauna; however, these numbers have rapidly decreased due to uncontrolled exploitation and illegal trade. Aiming to conserve and develop the nation’s biodiversity, the Penal Code 2015 (amended in 2017) and the Criminal Procedure Code 2015 have new regulations that incorporate international conventions that Vietnam has acceded to. At the same time, Vietnam has become a transit nation employed by transnational criminal organizations, so that in order to tackle wildlife crimes effectively, it is significant to develop and sustain active international cooperation and mutual legal assistance in criminal matters among Vietnam and other countries in the region, as well as from all over the world. In that spirit, this article will concentrate on analyzing the current situation of wildlife crimes that has international elements; identifying roots of difficulties, challenges in dealing with this type of crimes in Vietnam as well as in the region; then proposing recommendations and solutions to improve the quality of handling transnational wildlife crimes for the sake of species conservation, environment and biodiveristy protection for humankind.
Highlights
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention) aims to ensure that humans’ commercial activities do not threaten the survival of endangered wildlife species, and even some non-endangered ones
Appendix III includes about 160 species of animals and 10 species of plants that one nation requires the others to support to protect with controlled international trade [25]
Vietnam and other countries have encountered various difficulties and challenges in detecting, investigating and adjudicating wildlife crimes having foreign elements that are related to international cooperation and mutual legal assistance in criminal matters
Summary
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES Convention) aims to ensure that humans’ commercial activities do not threaten the survival of endangered wildlife species, and even some non-endangered ones. Appendix III includes about 160 species of animals and 10 species of plants that one nation requires the others to support to protect with controlled international trade (lower level of restriction than Appendix II) [25]. Vietnam and other countries have encountered various difficulties and challenges in detecting, investigating and adjudicating wildlife crimes having foreign elements that are related to international cooperation and mutual legal assistance in criminal matters. Identifying roots of difficulties and challenges in detecting and handling wildlife crimes having foreign and transnational elements. Proposing solutions and recommendations to overcome difficulties and challenges to enhance the capacity and effectiveness of detecting, investigating and handling wildlife crimes having foreign and transnational elements. Focusing on international cooperation and mutual legal assistance in criminal matters
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