SGGPO
In the proposal to draft the Extradition Law, the Ministry of Public Security proposed the following contents: adding cases of refusal of extradition; adding regulations on expanding the scope of criminal prosecution for people requested for extradition; adding regulations on simple extradition; adding regulations on emergency arrest for extradition and adding regulations on commitment not to apply the death penalty or pronounce the death penalty but not execute the death penalty.
On October 6, the Ministry of Public Security completed a draft submission to the Government on the proposal to develop an Extradition Law, the draft is being appraised by the Ministry of Justice .
According to the draft content, the Ministry of Public Security explains that the proposed additional contents are to inherit the relevant provisions of the 2007 Law on Judicial Assistance, and at the same time supplement the regulations and principles so that the Extradition Law has synchronous, complete and comprehensive content; in accordance with international law and practice as well as actual situations; ensuring independence from the fields of civil judicial assistance, criminal judicial assistance, and transfer of sentenced persons.
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An extradition case. Photo: MINISTRY OF PUBLIC SECURITY |
Specifically, for cases of refusal of extradition, the Ministry of Public Security proposes to add cases of mandatory refusal of extradition according to international treaties to which Vietnam is a member (Convention against Torture) or according to international practice or law (crimes related to politics , military, crimes that do not ensure the principle of dual criminality).
Regarding the additional content of the regulation on expanding the scope of criminal prosecution for extradited persons, the Ministry of Public Security proposes that after being extradited to the requesting country, during the investigation, prosecution, trial and execution of the sentence, if additional crimes are discovered that the extradited person committed in the territory of the requesting country before fleeing to the requested country, the parties can agree with each other on expanding the scope of criminal prosecution for acts not mentioned in the extradition request.
Meanwhile, in the content of the supplementary regulations on simplified extradition, the Ministry of Public Security also proposed that in case the person requested for extradition agrees to the extradition order, the extradition can be carried out even if the procedural conditions have not been completed.
Regarding the additional content of the regulations on emergency arrest for extradition, the Ministry of Public Security recommends that in case the foreign side requests the application of emergency arrest measures for extradition, the competent authority of Vietnam can consider and decide on each specific case to apply emergency arrest measures before the foreign side sends the official extradition request document.
Through research from international practice and experience, the Ministry of Public Security also proposed to add regulations on the commitment not to apply the death penalty or to pronounce the death penalty but not carry it out. Accordingly, the President of the Socialist Republic of Vietnam will have the authority to decide on making this commitment.
The Ministry of Public Security said that after more than 15 years of implementing the 2007 Law on Mutual Legal Assistance, extradition work has achieved many positive results. Accordingly, the Ministry of Public Security has received and processed 38 extradition requests; and has prepared and forwarded 68 extradition request files to competent foreign agencies. However, the 2007 Law on Mutual Legal Assistance has revealed many shortcomings and limitations.
According to the Ministry of Public Security, the 2007 Law on Judicial Assistance regulates 4 areas, but each area has different scope of regulation, objects of impact, purposes and nature (civil, criminal, extradition, transfer of people serving prison sentences), so it is difficult to ensure uniform application... In addition, some provisions of the 2007 Law on Judicial Assistance are not compatible with international law on treaties to which Vietnam is a member.
Previously, on August 19, 2023, the Government Office issued Official Dispatch No. 6409 conveying the opinion of Deputy Prime Minister Tran Luu Quang assigning the Ministry of Public Security to preside over the proposal to develop the Law on Extradition and the Law on Transfer of Persons Serving Prison Sentences, the Ministry of Justice to preside over the proposal to develop the Law on Mutual Legal Assistance in Civil Matters and requesting the Supreme People's Procuracy to preside over the proposal to develop the Law on Mutual Legal Assistance in Criminal Matters; promptly submit to the Government at the same time (before December 31, 2023) for consideration, and submit to the National Assembly Standing Committee to include in the National Assembly's 2025 law and ordinance development program.
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