Summary of 3 years of coordination in implementing management and resolving temporarily suspended cases and incidents

Although many positive results have been achieved in the coordination of management and resolution of temporarily suspended cases and incidents, the number of temporarily suspended cases by the Investigation Agency is still high.

Delegates attending the conference.

On the morning of June 8, the People's Procuracy, the People's Court, the Provincial Police, the Department of Agriculture and Rural Development, the Customs Department and the Provincial Civil Judgment Enforcement Office held a conference to review 3 years of implementing Joint Circular No. 01/2020/TTLT-VKSNDTC-TANDTC-BCA-BQP-BNN&PTNT-BTC-BTP dated June 1, 2020 of the Supreme People's Procuracy , the Supreme People's Court, the Ministry of Public Security, the Ministry of National Defense, the Ministry of Agriculture and Rural Development, the Ministry of Finance, and the Ministry of Justice regulating the coordination in implementing a number of articles of the Criminal Procedure Code on the management and settlement of temporarily suspended cases and matters (referred to as Joint Circular No. 01 - PV).

Summary of 3 years of coordination in implementing management and resolving temporarily suspended cases and incidents

Police officers attended the conference.

According to the report at the conference, the issuance of Joint Circular No. 01 has promptly resolved many difficulties and problems related to the number of cases and incidents temporarily suspended, temporarily stopped verification, especially cases temporarily suspended after the statute of limitations for criminal prosecution has expired. During the implementation process, the leaders of the Investigation Agency and the Procuracy at two levels have closely directed and regularly urged the implementing units to coordinate. The focal units have enhanced their roles and responsibilities, proactively performed well the advisory and guidance work; actively coordinated to review, compare, collect, research records, and unify decisions on timely resolution. Through the review and comparison, many case files and incidents temporarily suspended after the statute of limitations for criminal prosecution has been discovered and promptly resolved, and many lost records have been found.

Summary of 3 years of coordination in implementing management and resolving temporarily suspended cases and incidents

Conference scene.

In the coordination work, the Investigation Agency and the Procuracy at both levels have strengthened and focused on the management and monitoring of the settlement of temporarily suspended cases. Every month, the two sectors make a record to compare the data of arising, restored, and remaining temporarily suspended cases; many temporarily suspended cases that have expired the statute of limitations for criminal prosecution have been suspended in accordance with regulations.

Summary of 3 years of coordination in implementing management and resolving temporarily suspended cases and incidents

Leaders of the prosecution agencies co-chaired the conference.

From August 1, 2020 to February 28, 2023, the two-level Investigation Agency resolved 402 cases out of a total of 1,096 temporarily suspended cases; resolved 1,661 cases, 387 defendants out of a total of 4,439 cases with 626 defendants temporarily suspended to be resolved; the two-level Procuracy resolved 10 cases with 14 defendants out of a total of 15 cases, 19 defendants temporarily suspended; the two-level Court resolved 7 cases with 34 defendants out of a total of 8 cases, 35 defendants temporarily suspended.

The conference focused on discussing and evaluating the achieved results, frankly pointing out the shortcomings and limitations in the coordination work to implement Joint Circular No. 01. At the same time, it analyzed the causes, raised lessons learned and proposed solutions for implementation in the coming time.

Many opinions said that, although many outstanding results have been achieved in the coordination of the implementation of Joint Circular No. 01, the number of temporary suspension reports is still large and has not been restored for settlement. The cases that have been temporarily suspended, the continued investigation, the collection of evidence and documents to resolve the reasons for temporary suspension have received little attention and settlement, leading to a high proportion of cases that have been temporarily suspended but have no basis for restoration, especially cases that have been temporarily suspended due to the inability to identify the accused... Specifically, the number of cases and temporarily suspended defendants that remain to be managed is 2,778 cases, 239 defendants (2,568 cases that have been temporarily suspended without defendants, 210 cases that have been temporarily suspended with defendants). Among them, there are many cases related to high-tech crimes, theft crimes...

In addition, many opinions pointed out that the management and storage of records in the previous period was still limited, the system of books was lost or case records were very sketchy, not fully reflecting the nature of the case, many records could not be repaired. The work of tracking records was still done manually, without the application of information technology, so it took a lot of time and made it difficult to look up and compare data.

The conference agreed that in the coming time, the provincial prosecution agencies will focus on directing the synchronous implementation of solutions. In particular, focusing on resolving cases and incidents that have been temporarily suspended and have expired the statute of limitations for criminal prosecution. Assigning officers and civil servants to handle, research, and evaluate documents and evidence in the case files and incidents that have been temporarily suspended and still have the statute of limitations for criminal prosecution to restore and resolve them in accordance with the provisions of law.

Prosecution agencies must regularly coordinate in reviewing and evaluating evidence and documents in temporarily suspended cases where the statute of limitations for criminal prosecution has expired, and in cases where the investigation of the accused has been temporarily suspended when there is sufficient basis for suspension according to regulations.

Summary of 3 years of coordination in implementing management and resolving temporarily suspended cases and incidents

At the same time, closely supervise the decision to temporarily suspend by the Investigation Agency to ensure that it is well-founded and in accordance with the law, avoiding the abuse of incorrect reasons for temporary suspension. The Investigation Agency and the Procuracy will discuss and reach an agreement before the Investigation Agency decides to temporarily suspend the investigation of the case, the accused, etc.

Do Duc

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