This content is shown in the draft Resolution of the National Assembly on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases, which was recently submitted by the Supreme People's Procuracy to the National Assembly at the 8th Session on the morning of October 30.
Limit frozen assets, waste of resources
Presenting the report, Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien said that in recent years, the fight against crime, including corruption and economic crimes, has achieved great results, especially in cases and incidents under the supervision and direction of the Central Steering Committee on Corruption Prevention and Control.
Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien presented the report.
However, the practice of criminal proceedings shows that there are many difficulties and problems, especially in handling evidence and assets in corruption and economic cases.
Many valuable evidences and assets that have been seized, temporarily detained, seized, or frozen for a long time have not been processed promptly for circulation, causing freezing and wasting resources, affecting the rights and interests of agencies, organizations, businesses, and individuals.
In addition, there is also a lack of measures for the prosecution agencies to implement from the beginning to prevent the transfer and dispersion of assets before there is sufficient basis to apply the measures of seizure and freezing, etc.
Therefore, in order to ensure the release of resources, resolve urgent issues, ensure early recovery, maximize the value of lost and misappropriated assets, etc., Conclusion No. 87-KL/TW dated July 13, 2024 of the Politburo on the Project "Building a mechanism for handling evidence, assets temporarily seized, seized, and frozen during the investigation, prosecution, and trial of cases and incidents" requested that in 2024, the Supreme People's Procuracy develop and submit to the National Assembly for promulgation this pilot Resolution.
According to Mr. Nguyen Huy Tien, the establishment of a mechanism for early handling of assets and evidence is not only applied in cases but also in incidents. Therefore, the scope of the draft resolution has determined that the pilot handling of evidence and assets seized, temporarily detained, seized, and frozen is implemented right from the stage of handling information about crimes, throughout the process of prosecution, investigation, prosecution, and trial, and is only applied on a pilot basis to criminal cases and incidents under the supervision and direction of the Central Steering Committee on Anti-Corruption and Anti-Negative Practices.
The draft resolution also stipulates five measures for handling evidence and assets, including: Returning money to the victim or depositing money in a bank pending processing; Depositing a security deposit to cancel the seizure, temporary detention, attachment, or blockade; Allowing the purchase, sale, or transfer of evidence and assets and handling the proceeds from the purchase, sale, or transfer; Handing over evidence and assets to the legal owner or manager for management, exploitation, and use; Temporarily suspending transactions; and suspending the registration, transfer of ownership, and use of assets.
" For each measure, the content, conditions of application, authority, and subjects are clearly specified," said Mr. Nguyen Huy Tien.
Regarding the measure of temporarily suspending transactions; temporarily suspending registration, transfer of ownership and use of assets, the Chief Justice of the Supreme People's Procuracy said that the pilot of this measure aims to prevent the dispersion and transfer of assets related to crimes from the beginning, creating an early step for inspection and verification. When there is sufficient basis and conditions, measures of seizure, temporary detention, attachment and blockade will be immediately applied according to regulations.
In fact, the prosecution agency has requested administrative management agencies to apply the measure of "temporarily suspending transactions; temporarily suspending registration, transfer of ownership and use of assets". Therefore, it is necessary to stipulate this measure in the resolution.
The Resolution takes effect from January 1, 2025 and is implemented for no more than 3 years.
Study and revise relevant laws after piloting
Agreeing with the need to issue a resolution and present an inspection report, Chairwoman of the Judicial Committee Le Thi Nga said that the issuance of regulations will improve the effectiveness of the fight against crime, especially economic and corruption crimes, better ensure the rights and legitimate interests of relevant organizations and individuals, as well as minimize negative impacts on the investment and business environment. The pilot results will create a practical basis for perfecting criminal and criminal procedure laws in the coming time.
Chairwoman of the National Assembly's Committee on Justice Le Thi Nga.
Regarding the scope of the pilot cases, the Judicial Committee believes that the application of the pilot mechanism will have a great impact on human rights, civil rights, especially property rights. Therefore, the scope of the pilot is limited to a number of criminal cases and cases under the supervision and direction of the Central Steering Committee on Anti-Corruption and Negligence as in the draft, which is appropriate.
The Draft Resolution stipulates 5 groups of measures for handling evidence and assets in the process of handling information about crimes, initiating, investigating, prosecuting, and trying criminal cases. Of these, 4 measures are applied to evidence and assets that have been seized, temporarily detained, seized, or frozen; 1 group of measures is of a “temporary emergency” nature and can be applied immediately at the stage of handling information about crimes.
“The Judicial Committee agrees with the provisions on the above groups of measures, which are not yet stipulated in the criminal procedure law. Through the practice of resolving criminal cases on economics, corruption, and positions, it shows that piloting these measures will contribute to fundamentally resolving current difficulties and shortcomings,” according to Ms. Le Thi Nga.
Agreeing on the pilot implementation time as drafted, the examining agency emphasized that, in case of evaluating the pilot results, if there are sufficient conditions, the Supreme People's Procuracy can study and propose amendments and supplements to the Penal Code, the Criminal Procedure Code and related laws.
Source: https://vtcnews.vn/de-xuat-thi-diem-bien-phap-ngan-chan-tau-tan-tai-san-tu-som-ar904747.html
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