'There are evidences and assets that cannot be liquidated for a long time, which is a waste'

On October 30, the National Assembly discussed in groups the draft Resolution of the National Assembly on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases.

According to Ms. Le Thi Nga, Chairwoman of the National Assembly's Judicial Committee, the issuance of the Resolution aims to promptly implement Conclusion No. 87-KL/TW of the Politburo, creating a legal basis to remove difficulties and obstacles, meeting practical requirements in resolving criminal cases and cases under the supervision and direction of the Central Steering Committee on Anti-Corruption and Negative Practices. Thereby, improving the effectiveness of the fight against crime, especially economic crimes and corruption, better ensuring the legitimate rights and interests of related organizations and individuals, as well as minimizing negative impacts on the investment and business environment. The pilot results will create a practical basis for perfecting the law on criminal and criminal proceedings in the coming time.

Ms. Le Thi Nga reports to the National Assembly (Photo: Quang Vinh)

Regarding the measure to allow the purchase, sale and transfer of evidence and assets, the Judiciary Committee basically agrees with the provisions of the draft Resolution and believes that, during the litigation process, if the purchase, sale and transfer of evidence and assets that have been seized and frozen are allowed to be carried out early through auction, it will create the possibility of recovering higher compensation for damages, ensuring the rights of both the victim and the accused. The Judiciary Committee also agrees with the provisions of the draft Resolution on the measure to temporarily suspend transactions; temporarily suspend the registration and transfer of ownership and use rights of assets (Clause 5, Article 3) and believes that this is a measure that plays a very important role in improving the effectiveness of the fight against and handling of economic and corruption crimes.

Mr. Nguyen Hai Trung speaks (Photo: Quang Vinh)

Delegate Nguyen Hai Trung (Hanoi Delegation) said that the issuance of the Resolution is very necessary. In reality, Hanoi City Police have to manage and process a huge amount of evidence every day and every hour, some of which have not been processed for many years, causing waste.

According to the delegate who is the Director of Hanoi City Police, the first is wasting the value of the property of the evidence. There are properties that have been left for too long, losing value, the owner does not pay attention to them, and considers them abandoned. Meanwhile, they cannot be liquidated or destroyed, which is a huge waste.

According to Mr. Trung, currently the city police should have a common evidence warehouse, and districts should have evidence warehouses of district-level investigation agencies. However, inner-city districts do not have land to build evidence warehouses according to standards. Furthermore, in the judicial reform program, the city must have evidence warehouses for both criminal and civil matters, but there are no warehouses or if there are, they do not meet the area and standards.

Not only that, the authorities must arrange for someone to look after the evidence warehouse. According to regulations, the police are in charge of management and custody, while the court is in charge of handling the assets. “We recently received dozens of tons of rare earth in a case and had to build a temporary house to store it. Even though it was a temporary house, we still had to ensure quality and avoid loss. Meanwhile, it takes more than 1-2 people to look after it. If compared with the latest regulations, this is a very complicated and inappropriate issue,” said Mr. Trung, who assessed that the scope of the Resolution is too narrow, only applying to a number of cases of the Central Steering Committee on Corruption, so it does not represent all cases.

According to Mr. Trung, after the pilot implementation of the Resolution, it is necessary to consider expanding the scope of regulation, even promulgating a Law, especially since the 3-year pilot period is too long. "If it is considered a bottleneck, it must be urgently resolved and removed in accordance with the direction of General Secretary To Lam and the National Assembly," Mr. Trung expressed.

Mr. Luong Van Hung speaks (Photo: Quang Vinh)

Delegate Luong Van Hung (Quang Ngai Delegation) also agreed that the resolution should be issued to bring about efficiency in the implementation process in order to improve the effectiveness of the fight against crime, especially economic crimes and corruption.

However, Mr. Hung noted that caution is needed in handling pre-trial evidence. The Constitution stipulates that people's property is guaranteed. Therefore, the time to consider handling evidence and property should be applied from the time the case is initiated, the defendant is prosecuted, and during the investigation, prosecution and trial stages.

Source: https://daidoanket.vn/co-nhung-vat-chung-tai-san-de-lau-khong-thanh-ly-duoc-rat-lang-phi-10293426.html