National Assembly Delegate Ho Thi Kim Ngan proposed to complete the draft Law on Mutual Legal Assistance in Criminal Matters.

At Group 11, including the National Assembly Delegation of Son La, Bac Kan , Long An, Vinh Long provinces, 4 delegates participated in the discussion and gave their opinions on the specific contents of the two draft laws above, with the expectation that when the laws are promulgated, they will resolve the difficulties that the authorities, especially the People's Court, encounter when handling cases with foreign elements...

Commenting on the draft Law on Criminal Judicial Assistance, National Assembly Delegate Ho Thi Kim Ngan, Provincial Party Committee member and Secretary of Cho Moi District Party Committee, expressed her agreement and high consensus with the promulgation of the law. The delegate said that separating legal norms on criminal judicial assistance into a separate law is necessary, contributing to improving the effectiveness of the fight against crime, better protecting the rights and legitimate interests of organizations and individuals.

However, to complete this draft law, delegate Ho Thi Kim Ngan focused especially on issues related to concepts, safety assurance, procedures and dossiers for requesting judicial assistance.

Regarding the concept of judicial assistance in criminal matters, the delegate pointed out that the draft Law's definition of "Vietnam and foreign countries, through competent state agencies, providing each other with support in carrying out verification, investigation, evidence collection or other procedural activities to serve the resolution of criminal cases and cases" is not complete.

According to the delegate, only mentioning verification, investigation, evidence collection and other procedural activities does not cover the entire scope of judicial assistance in criminal matters, which has been listed in detail in Article 8 of the draft Law itself, including serving documents, taking statements, searching, seizing, and even transferring people who are being detained or serving sentences.

Therefore, to ensure generality and consistency, delegates proposed to study and adjust this concept in the direction of regulating it similarly to the concept of "civil judicial assistance" in the draft Law on Civil Judicial Assistance.

Regarding the provisions on ensuring safety in Article 10, especially Clause 4, National Assembly Deputy Ho Thi Kim Ngan proposed to clarify the provisions that the right not to be arrested, detained, temporarily detained or investigated, prosecuted or tried will end if the person does not leave the requested country after 15 days from the date of receiving the notice, except in the case of "force majeure", because the draft Law does not clearly define "force majeure" nor assign any agency to specify and guide this content. The delegate emphasized "This is an important content, directly related to human rights, so it needs to be strictly regulated to avoid taking advantage of this exemption and ensure feasibility when applied in practice".

Regarding the process of making and sending requests for judicial assistance in criminal matters (Article 20), according to delegate Ho Thi Kim Ngan, it is no longer necessary to request foreign countries to provide assistance, and it is necessary to notify the Supreme People's Procuracy so that this agency can notify the requested country. However, the draft does not clearly stipulate the time limit for the Supreme People's Procuracy to make this notification. Therefore, the delegate suggested that the Drafting Committee should study and supplement regulations on the time limit for the Supreme People's Procuracy, specifically 5 working days from the date of receipt of the notification from the requesting agency./.

Ai Van

Source: https://baobackan.vn/dbqh-ho-thi-kim-ngan-kien-nghi-hoan-thien-du-thao-luat-tuong-tro-tu-phap-ve-hinh-su-post71572.html