Mr. Bui Manh Hung, Head of Department 7, said: Petitions and protests are one of the important professional indicators in the system of indicators assigned by the National Assembly. Department 7 has seriously deployed and thoroughly instructed civil servants and prosecutors to strictly implement the directives and instructions of the Supreme People's Procuracy, effectively implementing petitions and protests. Attention has been paid to training, fostering, andeducating civil servants and prosecutors to raise their sense of responsibility, accumulate and perfect professional skills, and meet the requirements of judicial reform in the new situation.
Over the years, the officers and prosecutors of Department 7 have proactively studied and selected to protest against judgments and decisions that have serious violations. The protests have been highly convincing, contributing to increasing the rate of appeal protests, ensuring that the targets assigned by the National Assembly and the industry are met and exceeded. For judgments and decisions of the Court that have violations that are not serious or do not require protest, timely recommendations have been compiled and issued, requiring immediate correction. Inter-sectoral coordination, especially coordination and discussion with the Court before issuing protests for complex cases with many different viewpoints.
Implement and monitor the implementation of the Supreme People's Procuracy's directives and instructions on criminal appeals. Do not allow cases where judgments and decisions violate the law but are not detected or are detected late and protests and recommendations are issued.
From 2023 to present, Department 7 advised the leaders of the Provincial People's Procuracy to issue 2 appeals against the first instance criminal judgment of the District People's Court, which were accepted by the Provincial People's Court in full, exceeding the industry's and the National Assembly's targets. Issued 8 recommendations to remedy violations of the law in the criminal field, the recommendations were seriously accepted and remedied by the District and Provincial People's Courts, and a written response was issued to the remediation.
Typically, in July 2023, the first-instance criminal judgment of the People's Court of Muong La district tried defendant Tong Van Hanh for the crime of illegal drug trafficking, showing signs of letting criminals and criminals escape. Department 7 advised the leadership of the Provincial People's Procuracy to issue an appeal against the entire first-instance criminal judgment of the People's Court of Muong La district, requesting an appeal trial in the direction of annulling the first-instance criminal judgment and re-examining it according to legal regulations. As a result, the People's Court of Son La province accepted the appeal of the Procuracy, annulling the first-instance criminal judgment, investigating, prosecuting, and re-trying.
In September 2024, through the inspection of the first-instance criminal judgment of the People's Court of Yen Chau district, Department 7 discovered that the two first-instance criminal judgments trying the defendants Leo Van Cong and Vang A Vang for the crime of illegal possession of narcotics and Thao Thi Pang for the crime of intentionally causing injury due to exceeding the limits of legitimate defense had violations, specifically: The decision part of the judgment did not fully cite the points, clauses, and articles of the Penal Code; confused the full names of the two defendants; declared the incorrect prison term; declared the right to appeal incorrectly. Department 7 advised the leaders of the Provincial People's Procuracy to issue a recommendation to the People's Court of Yen Chau district. As a result, the recommendation was accepted by the People's Court of Yen Chau district, received, and rectified the violations and shortcomings, and sent a written response to the Provincial People's Procuracy regarding the correction.
Through the petition and protest work of Department 7, the Provincial People's Procuracy not only improves the quality and effectiveness of the practice of the right to prosecute and supervise the trial of criminal cases, but also contributes to improving the quality of trials in general and the quality of criminal judgments in particular, ensuring that the trial of criminal cases is carried out in accordance with the provisions of law, the right person, the right crime, no injustice, no criminals are left out.
Source: https://baosonla.vn/phap-luat/kien-nghi-khang-nghi-trong-kiem-sat-xet-xu-an-hinh-su-FI8163fNg.html
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