Foreign countries request no death penalty when providing judicial assistance, how to resolve?

On the morning of May 26, continuing the program of the 9th session of the 15th National Assembly , Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien presented the draft law on Judicial Assistance in Criminal Matters.

One of the new points added in the draft law is the provision on considering requests related to the death penalty.

Chief Justice of the Supreme People's Procuracy Nguyen Huy Tien

PHOTO: GIA HAN

Notice of non-application of death penalty

Accordingly, in case a foreign country requests Vietnam not to apply or not to execute the death penalty to fulfill the request for mutual assistance, the Supreme People's Procuracy shall preside over and coordinate with ministries and branches to issue one of the following notices:

Notice that the death penalty shall not be applied to a person involved in a request for mutual assistance if that person is not subject to the death penalty as prescribed in the Penal Code;

Notice of non-execution of death penalty for persons related to requests for mutual assistance not falling under the above cases after receiving the opinion ofthe President (if necessary).

On the contrary, if Vietnam requests foreign countries not to carry out the death penalty to fulfill the request for mutual assistance, the draft law stipulates that the Supreme People's Procuracy will request foreign countries to make written commitments on this content.

Examining the above content, the Committee on Law and Justice expressed its approval, because it believed that the mechanism as drafted would remove difficulties and obstacles in the past. Because some of Vietnam's requests for judicial assistance were rejected by foreign countries because they were related to the death penalty, but the current law does not have a mechanism to commit not to apply or not to execute the death penalty.

Besides, there are opinions suggesting careful consideration because it may affect the principle of judicial independence as stipulated in the Constitution.

Escorting detainees abroad

The draft Law on Criminal Judicial Assistance stipulates that people who are being detained or serving prison sentences in Vietnam can be escorted or temporarily transferred to competent foreign authorities to assist in investigations and provide evidence in criminal cases abroad.

The time the transferred person is escorted or stays abroad is counted towards the period of detention or the period of serving the prison sentence of that person.

The Law and Justice Committee basically approved the above content, aiming to enhance assistance between countries in resolving criminal cases.

However, the investigation agency proposed to consider adding conditions for extradition and transfer, that is "if the temporary transfer period does not exceed the detention period or the prison sentence period of that person".

The draft law also stipulates that competent foreign authorities must make a written commitment to ensure safety, accommodation conditions, methods of receiving and returning the transferred person, and the commitment document must be made in accordance with the provisions of Vietnamese law.

The Committee on Law and Justice said that after reviewing international treaties in the field of mutual legal assistance in criminal matters and Vietnamese law, there are no specific regulations on this commitment document. The examining agency proposed that the draft law assign detailed regulations on the commitment document.

Central Agency for Mutual Legal Assistance in Criminal Matters

The draft law stipulates that the Supreme People's Procuracy is the central agency in Vietnam's criminal judicial assistance.

The Law and Justice Committee approved this content, because it inherits the provisions of the Criminal Procedure Code and is consistent with current mutual legal assistance agreements on criminal matters.

However, regarding the specific tasks of the Central agency in criminal judicial assistance, the reviewing agency recommends that the drafting agency continue to review and adjust to ensure that they are consistent with the role of the agency assigned as the focal point.

Thanhnien.vn

Source: https://thanhnien.vn/nuoc-ngoai-yeu-cau-khong-tu-hinh-khi-tuong-tro-tu-phap-giai-quyet-the-nao-185250525231734985.htm