Different views on removing the "remedying consequences" provision when considering sentence reduction

Different views on removing the

National Assembly delegate Nguyen Thanh Sang suggested that remedial measures should be included in the prisoner classification. Photo: Quochoi.vn

On the morning of November 12, the National Assembly discussed in the hall the draft Law on Enforcement of Criminal Judgments (amended) ; the draft Law on Enforcement of Temporary Detention, Temporary Imprisonment and Prohibition from Leaving Place of Residence.

Regarding the revised Law on Enforcement of Criminal Sentences, delegate To Van Tam ( Quang Ngai Delegation) was concerned about not stipulating "remedying consequences" as a circumstance when considering prisoner classification.

The current law (Article 35) stipulates that the results of remedying the consequences caused by the crime are the criteria for considering reducing/classifying the execution of the prison sentence, but the draft removes this provision.

Delegate To Van Tam expressed his agreement with the decision not to stipulate that remedial action is a factor in considering the classification of prisoners. Because remedial action has been considered as a mitigating factor in sentencing (when sentencing). If it continues to be included in the scoring (classification of prisoners), this factor may be considered twice.

Including this criterion can create a sense of injustice among prisoners. Those who have the means can improve early to have their sentences reduced or be considered for a better classification.

Therefore, the delegate believes that the decision not to specify this detail is appropriate.

Meanwhile, delegate Nguyen Thanh Sang - Deputy Head of the Ho Chi Minh City Party Committee's Internal Affairs Committee (Ho Chi Minh City Delegation) - said that the current regulations should be retained.

Firstly, overcoming the consequences assesses the consciousness of complying with the sentence caused by one's criminal behavior; secondly, ensuring the rights of the victim in receiving compensation; thirdly, encouraging and motivating prisoners to overcome the consequences.

Remediation of consequences is a mitigating circumstance of criminal responsibility in the investigation, prosecution, trial stages, and is even more important in the execution of sentence.

In criminal cases of fraud and property appropriation, there are hundreds, even thousands of victims. If there is no provision for remediation, it will be unfair to consider classifying the execution of prison sentences and the rights of the victims will not be guaranteed.

Therefore, it is recommended to implement as per current regulations, that is, remedying the consequences caused by one's criminal acts is recorded as a criterion for classifying the execution of prison sentences.

The delegate said that during the investigation, prosecution, and trial stages, the Trial Council, when passing judgment, took into account the remediation of consequences if the suspect or defendant remedied them during that stage of the proceedings. In this case, the prisoner remedied the consequences during the execution of the sentence.

He gave an example of a case of fraud and appropriation of 10 billion VND, the defendant had to pay back 7 billion VND at that time. The trial panel only considered the penalty of over 7 billion VND. For the remaining 3 billion VND, if the prisoner paid back during the execution of the sentence, the sentence would be reduced.

The delegate said that, in the criteria for considering sentence reduction, remedying the consequences is only one of many criteria (studying, good reform...). Therefore, if anyone meets one of those criteria, they should be considered for a sentence reduction.

"The most important thing to remedy the consequences is to return money and property to the victims," the delegate said, citing the Alibaba Group case and the Truong My Lan case as examples. If we rigidly only stipulate remediation during the investigation and trial phase, it will be difficult to remedy the consequences and return property to the victims.

Source: https://laodong.vn/thoi-su/quan-diem-khac-nhau-ve-viec-bo-quy-dinh-khac-phuc-hau-qua-khi-xet-giam-an-1607643.ldo