This afternoon, April 28, continuing the 44th Session, under the direction of Vice Chairman of the National Assembly Nguyen Khac Dinh, the National Assembly Standing Committee gave opinions on the draft Law amending and supplementing a number of articles of the Criminal Procedure Code.
Supplementing regulations related to investigation and prosecution in absentia
According to the Draft Law Submission, the development of the Law aims to perfect the legal basis to ensure consistency with the names, competence, tasks, and powers of agencies and individuals with the authority to conduct criminal proceedings according to the plan to arrange and streamline the apparatus approved by competent authorities; ensure timely resolution of a number of urgent issues arising from practice related to the execution of death sentences, investigation procedures, and prosecution in absentia.
In addition, the drafting of this Law project is determined to amend and supplement a number of articles of the Criminal Procedure Code on the names, competence, tasks, and powers of agencies and individuals with the authority to conduct criminal proceedings to implement Resolution No. 190/2025/QH15, Resolution No. 18-NQ/TW, resolutions and conclusions of the Central Executive Committee, the Politburo, and the Secretariat on continuing to reorganize the apparatus of the political system; promptly institutionalize the conclusions of the Politburo and the requirements of competent authorities to resolve urgent issues arising from practice related to the order and procedures for the execution of death sentences, investigation procedures, and prosecution in absentia; not extending to other contents unrelated to the above purposes and requirements.
The draft Law consists of 3 articles; reviewing and comparing the contents on the organization and authority of the agencies, persons with the authority to conduct proceedings and other relevant agencies in the laws expected to be promulgated at the same time (Law on Organization of People's Procuracy, Law on Organization of People's Court, Law on Organization of Criminal Investigation Agencies, etc.) to ensure consistency and unity; supplementing regulations related to investigation and prosecution in absentia to resolve urgent issues arising in practice.
View of the meeting. Photo: Ho Long
Presenting the Report on the review of the draft Law, Chairman of the Law and Justice Committee Hoang Thanh Tung stated that the Committee agreed with the necessity of promulgating the Law as well as the scope of amendments of the draft Law.
In the Review Report, the Law and Justice Committee requested the Supreme People's Procuracy to report on the implementation of the request of the competent authority to complete the amendment, supplementation, and overcoming of loopholes, inadequacies, and obstacles in the regulations on appraisal and valuation related to the Criminal Procedure Code in 2025; study and expand the scope of amendments of the draft Law to regulations related to the review procedure to avoid the accumulation of cases at the central level. The draft Penal Code (amended) is also being submitted to the National Assembly for consideration and approval at the Ninth Session with many amendments related to the Criminal Procedure Code, however, the draft Law has not updated the amended contents of the Penal Code.
The Committee on Law and Justice proposed that the Supreme People's Procuracy coordinate with the Supreme People's Court to continue perfecting regulations on the jurisdiction of regional People's Courts and regional military courts.
Flexible regulations but not abusive
The National Assembly Standing Committee highly appreciated the Supreme People's Procuracy and the Committee on Law and Justice for promptly preparing documents and files to submit to the meeting in a very specific manner, with clear responsibilities and basic content; agreed on the scope of amendments to the draft Law focusing on truly urgent and necessary issues in the current period and continued research for comprehensive amendments at the appropriate time.
Speaking at the meeting, National Assembly Chairman Tran Thanh Man highly appreciated the drafting agency's efforts to coordinate with relevant agencies and the examining agency, the Committee on Law and Justice, in the past time.
The National Assembly Chairman stated that the development of this Law project aims to remove obstacles and shortcomings in the implementation of the current Law, such as regulations on initiating criminal proceedings at the request of victims; grounds for temporarily suspending cases due to natural disasters, epidemics or issues related to the rights of suspects and defendants. At the same time, the Law project also aims to strengthen the responsibility of the prosecution agency, such as the role of the commune police in verifying and denouncing crimes.
The National Assembly Chairman requested the drafting agency and the reviewing agency to study and supplement the draft Law with any content that can be accepted; review carefully to ensure the consistency and synchronization of the legal system.
Compared to other laws, which have contents assigned to the Government, ministries and branches to regulate, this draft Law is related to people, so the National Assembly Chairman suggested that it must be carefully reviewed so that when the Law comes into effect, it can be implemented immediately.
“Pay attention to protecting human rights and civil rights; regulations on the rights of suspects and defendants such as the right to remain silent, the right to read and take notes of case documents or the right to be provided with case information need to be clarified, both ensuring the principle of human rights according to the Constitution and not hindering investigation, prosecution and trial activities,” the National Assembly Chairman requested.
The National Assembly Chairman also pointed out that it is necessary to enhance the responsibility and effectiveness of the prosecution agencies; remove obstacles in current practice, clarify the basis for temporarily suspending cases due to natural disasters, epidemics or force majeure. This provision needs to be flexible but not abused to ensure the rights of the parties involved. Along with that, it is necessary to continue to research and review, especially handling legislative techniques; ensuring the "lifespan" of the law.
Concluding this content, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the National Assembly Standing Committee requested the Supreme People's Procuracy to continue studying the contents proposed by the Committee on Law and Justice in the Verification Report on the scope of amendments.
At the same time, absorb the direction of the National Assembly Chairman and comments at the meeting, continue to review to closely follow the amendment and supplementation of relevant laws at the Ninth Session, especially laws on the judiciary, the front, and the project of the Supreme People's Court.
Source: https://daibieunhandan.vn/tang-cuong-trach-nhiem-va-hieu-qua-cua-cac-co-quan-to-tung-post411762.html
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