Concept of Crimes in the Field of Forest Resources and the Significance of Regulating These Crimes in Vietnamese Criminal Law

In recent years, the quality of forest resources has been increasingly degraded by illegal destruction and devastation by humans.

Faced with that situation, our State determined that there must be a “special medicine” strong enough to “treat this disease” and that is criminal sanctions. Only criminal sanctions with the most severe nature among the sanctions of Vietnamese law can ensure deterrence, education and prevention, and make criminals falter. However, those sanctions must be strong enough, used at the right time, and on the right subjects to bring into play the true nature of criminal sanctions.

Based on the above reasons, our State has stipulated a number of acts of encroachment on forest resources as crimes and recorded them in the Vietnamese Penal Code, to educate, prevent and deter violations of the law in general, and acts of encroachment on forest resources in particular. Through this, it aims to maintain order in managing forest resources protection, contribute to improving the ecological environment, protect forest resources from serious destruction by illegal human acts , and create favorable conditions for the national economy to develop comprehensively and sustainably. At the same time, it creates a solid strategic defense position in the field of national security and defense.

1.2. Concept of crimes in the field of forest resources and the significance of regulating these crimes in Vietnamese criminal law

1.2.1. Concept of crimes in the field of forest resources

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The protection of forest resources in Vietnam has been of concern to our State since the early days of the founding of the Democratic Republic of Vietnam (September 2, 1945). This is demonstrated by the fact that since that time until now, the State has issued a series of legal documents in general, and criminal legal documents on the protection of forest resources in particular.

However, to conduct in-depth research on these types of crimes, to properly assess the nature of the danger of the group of crimes that encroach on forest resources and of each specific criminal act, from which we can have effective preventive measures, requires a scientific concept of crimes that encroach on forest resources. However, up to now, no author has proposed a scientific concept of crimes that encroach on forest resources.

According to Clause 1, Article 8 of the 1999 Vietnamese Penal Code, amended and supplemented in 2009, it is stipulated that: “ A crime must be an act dangerous to society as prescribed in the Penal Code, committed intentionally or unintentionally by a person with criminal responsibility, infringing upon the independence, sovereignty, unity, and territorial integrity of the Fatherland, infringing upon the political regime, economic regime, culture, national defense, security, social order and safety, legitimate rights and interests of organizations, infringing upon the life, health, honor, dignity, freedom, property, other legitimate rights and interests of citizens, infringing upon other areas of the socialist legal order ” [6].

Thus, in theory, crime is a historical social phenomenon, characterized by its danger to society and regulated in the Vietnamese Penal Code, committed by an individual. At the same time, such dangerous behavior must have an element of fault (direct intentional fault and indirect intentional fault, or unintentional fault due to negligence and unintentional fault due to overconfidence). On the other hand, it must be committed by a person with criminal responsibility capacity, meaning that person must be of age to bear criminal responsibility and have full criminal responsibility capacity as prescribed by law.

Crimes must be committed by people with full legal capacity (legal capacity and behavioral capacity) and regardless of the level of danger to society, the acts of the criminal subject are specific acts that cause damage or threaten to cause damage to society to the extent that criminal liability must be prosecuted.

Although having similar characteristics, specific criminal acts and specific crimes stipulated in Vietnamese criminal law also have different natures and levels of danger to society, so they also have distinct characteristics regarding the four elements constituting a crime.

According to Professor, Dr. Le Cam, a crime must satisfy all signs including three aspects with five of its signs:

- Objective aspect:

A crime must necessarily be an act that is dangerous to society. If that act is not dangerous to society, it cannot be considered a crime.

- Legal aspect:

Crime is a violation of criminal law. If the act is dangerous but does not violate criminal law, it cannot be considered a crime.

- Subjective aspect:

Crime is an act committed by a person with full criminal capacity and of the age of criminal responsibility in a guilty manner [7].

To determine whether a person has committed a crime or not, in addition to the above factors, the person who commits an act dangerous to society must have the capacity to be a subject of criminal responsibility, that is, he must be of legal age (Article 12 of the Penal Code) and not have lost his capacity for action. For example, a person with a mental illness or other diseases that cause loss of cognitive ability or loss of ability to control behavior; a person with Down syndrome...

In cases where the offender is forced and has no other choice but to cause damage to society that infringes upon an object protected by Vietnamese criminal law, even if their behavior fully satisfies the elements constituting a crime, that person is exempted from criminal liability. Or in cases where the person who commits the act causing damage to society falls under an urgent situation [Article 16

[Penal Code] or in case of legitimate defense [Article 15 of the Penal Code], that subject is not criminally responsible.

The 1999 Penal Code, amended and supplemented in 2009, is the institutionalization of the Party and State's policies and guidelines by law. It is the expression of the will and legitimate aspirations of the vast majority of the people. Crimes against forest resources stipulated in the 1999 Penal Code of Vietnam are socially dangerous and illegal acts that harm natural resources of high economic value and play a particularly important role in the balance of the ecological environment and the sustainable development of the country's economy. Causing or threatening to cause damage to the interests of the State, organizations, collectives and the legitimate rights and interests of citizens, through acts of encroachment on forest resources are protected by criminal law.

Currently, in the science of criminal law and economic law in Vietnam, there is no research work or scientific topic that provides an official concept of crimes against forest resources according to the provisions of Vietnamese criminal law. According to the provisions of the current Vietnamese Penal Code, crimes against forest resources are divided into three chapters, namely:

- Chapter XVI - Crimes against economic management order [Article 175 of the 1999 Penal Code, amended and supplemented in 2009] “ Crime of violating regulations on forest exploitation and protection ” and Article 176 of the Penal Code “ Crime of violating regulations on forest management ”;

- Chapter XVII - Environmental crimes [Article 189 of the Penal Code on “ Crime of forest destruction ” and Article 190 of the Penal Code “ Crime of violating regulations on protection of animals on the list of endangered, precious and rare species prioritized for protection ”];

- Chapter XIX - Crimes against public safety and public order [Article 240 of the Penal Code “ Crime of violating regulations on fire prevention and fighting ”].

Although crimes against forest resources are regulated by our State in three separate chapters of the Penal Code as mentioned above, the acts of these criminals all harm important subjects, which are forest resources, and the consequences for society are the degradation or destruction of forest resources, seriously affecting the ecological environment and directly or indirectly causing damage to the sustainable development of the national economy.

Thus, crimes against forest resources are also specific crimes stipulated in the Vietnamese Penal Code, so each crime must also fully satisfy the four elements of a crime (object of crime, objective aspect of crime, subject of crime and subjective aspect of crime). However, each of these crimes also has its own characteristics. From the above theoretical bases, according to the author, from a scientific perspective, the concept under study is defined as follows:

Crimes against forest resources are socially dangerous acts, regulated in the Vietnamese Penal Code, committed by persons with criminal capacity and of the age of criminal responsibility, violating the State's regulations on forest resource protection regulated in Articles 175, 176, 189, 190 and Article 240 of the Penal Code (If causing damage to forest resources) .

Thus, crimes against forest resources stipulated in the Vietnamese Penal Code all encroach on a particularly important type of subject that has a great impact on the sustainable development of the national economy and the balance of the ecological environment. In each specific crime stipulated in Articles 175, 176, 189, 190, 240 of the Vietnamese Penal Code, there are specific legal signs for each type of crime that the author will analyze specifically in Chapter 2 of this thesis.

1.2.2. The significance of regulating crimes in the field of forest resources in Vietnamese criminal law

Regardless of the historical period, criminal law always holds an important position and plays a key role in stabilizing political security and social order and safety, protecting the socialist regime, the people's freedom and sovereignty, protecting the equality between ethnic groups, protecting the interests of the State, the legitimate rights and interests of citizens and organizations, protecting the socialist legal system, and at the same time educating people to be aware of obeying the law, fighting to prevent and combat crimes.

To carry out the above tasks, the Vietnamese Penal Code stipulates and describes criminal acts, the nature and level of danger of crimes, and prescribes specific types and levels of punishment for each crime in the field of forest resources, on that basis, the prosecution agencies can research and apply them conveniently to resolve specific cases and matters, ensuring objectivity, comprehensiveness and legality.

In addition to the basic tasks mentioned above, the Penal Code also has the role of educating people to improve their understanding and awareness of obeying the law, and awareness of fighting and preventing crime. This is demonstrated by the provisions of the Penal Code helping people know which acts are crimes so that they can self-adjust their behavior to comply with the provisions of the law.

Based on the above theoretical basis, the regulation of crimes in the field of forest resources in Vietnam's criminal law is very important, because it shows the deep concern of the Party and the State in protecting forest resources and also protecting the sustainable development of the country's economy. This further demonstrates the significance and importance of forest resources to the living environment of humanity and the sustainable development of the national economy. Therefore, our State has set out the protection of forest resources by criminal law.

The regulation of crimes against forest resources in Vietnam's criminal law has created a favorable legal corridor for law enforcement agencies to apply and strictly and thoroughly handle criminals, in order to effectively protect forest resources, creating favorable conditions for our country's economy to develop better and better.

1.3. Overview of the history of formation and development of regulations on forest resource protection in Vietnamese criminal law from the August Revolution in 1945 to present

1.3.1. The period from after the August Revolution in 1945 to before the first codification - the 1985 Vietnamese Penal Code

Immediately after the Democratic Republic of Vietnam was founded (September 2, 1945), our State at that time had not yet promptly promulgated the Penal Code. However, the State also paid attention to the fight against all types of crimes, in order to stabilize the political security situation and social order and safety, protect the achievements of the revolution, protect the Party, the State, and protect the lives and property of the People.

Due to historical circumstances, the key task at that time was to focus on consolidating the young revolutionary government that had just been established, so the fight against crime, although receiving attention, was mainly focused on crimes that violated political security and other particularly serious crimes such as: crimes in the field of national security, murder, robbery, rape, theft of property, etc.

At that time, our country's forest resources were very rich, with a natural forest area of about 14,300,000 hectares and a coverage rate of 43%. Although there was a need to use forest resources for people's daily life, it was not significant compared to the years after the complete liberation of the South (1975), especially after the 6th National Party Congress.

(1986) was the period of abolishing the centralized bureaucratic subsidy mechanism and shifting to a socialist-oriented market economy. Therefore, the law from 1945 to 1954 on this crime was mainly regulated in decrees, specifically as follows:

- Decree No. 26/SL dated February 25, 1946, on crimes of sabotage of public property;

- Decree No. 247/SL dated June 15, 1946, on plots and acts of sabotage against State, cooperative and people's property, hindering the implementation of State policies and plans;

- Circular No. 1303 BCN/VN dated June 28, 1946 of the Ministry of Interior - Ministry of Agriculture, regulating acts of encroachment on forests; In this circular, there is a paragraph stating: “…Criminals (main offenders and accomplices) will be recorded by the Forestry Department and brought to the Court and will be fined, imprisoned or have to pay compensation according to the pre-determined rules… ” [30].

- Decree No. 142/SL dated December 21, 1949, regulating the recording of violations of forest protection laws.

In the period of 1955-1958, after the historic victory of Dien Bien Phu, our country was temporarily divided into two regions. The North advanced to socialism, the South was still immersed in the smoke of war. The law during this period was given attention by the Party and the State, because it was an indispensable sharp tool of the People's Government. Therefore, the State issued many legal documents to manage society, including many documents related to the field of forest resource protection, specifically:

- The 1959 Constitution of the Democratic Republic of Vietnam [Article 12 and Article 40]:

“To protect forests and develop rich forest resources, promote the great role of forests in preserving water resources and regulating water, preserving soil, preventing erosion, preventing sand blowing, regulating climate, limiting the harmful effects of wind,

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