Publicity and transparency in investigation, prosecution, trial and execution of judgments

Việt NamViệt Nam21/11/2023

After studying Regulation No. 132-QD/TW, Mr. Tran Quang Dau, Chairman of the Veterans Association, Ministry of Natural Resources and Environment, realized that the fight against corruption and negativity is to clean up the apparatus, so that the political system can serve the rights and interests of the people better and better.

The most dedicated content of Chapter II (from Article 6 to Article 10) on "Controlling power, preventing and combating corruption and negativity in investigation, prosecution, trial and execution activities", Mr. Tran Quang Dau said that according to Regulation No. 132-QD/TW, there are 28 acts of taking advantage of, abusing positions and powers, abusing power, corruption and negativity in litigation and execution activities. Regarding the handling of violations, Regulation No. 132-QD/TW clearly states that organizations and individuals who violate, take advantage of, abuse positions and powers, abuse power, corruption and negativity in litigation, execution activities and other related activities must be strictly handled according to the regulations of the Party, the laws of the State and the regulations of agencies, organizations and units.

The Investigation Police Agency (Binh Duong Provincial Police) has prosecuted Ms. Nguyen Thi Gai (born in 1960) for "Lack of responsibility causing serious consequences" and Mr. Ho Van Ngoc (born in 1962, Notary of Nguyen Thi Gai Notary Office) for "Abusing position and power while performing official duties". Photo: VNA

The principle of controlling power, preventing and combating corruption and negativity in litigation and execution activities is to ensure the centralized, unified, strict and comprehensive leadership and direction of the Party; the supervision of agencies and elected representatives, the Vietnam Fatherland Front, law enforcement agencies, socio-political organizations and the people over litigation and execution activities and other related activities according to Party regulations and State laws.

In order for Regulation No. 132-QD/TW to truly come into effect and be a useful tool in "Controlling power, preventing and combating corruption and negativity in investigation, prosecution and trial activities", according to Mr. Tran Quang Dau, the Party and the State need to have specific solutions such as: Investigation, prosecution and trial activities must ensure publicity and transparency, associated with accountability of agencies, organizations and competent persons in litigation, judgment enforcement and other related activities according to Party regulations and State laws. At the same time, the State needs to promptly detect, prevent and strictly handle all violations, abuse of position and power for corruption and negativity in litigation, judgment enforcement and other related activities.

Along with that, the investigation, prosecution, trial and execution of judgments must ensure that all powers are strictly controlled by mechanisms, bound by responsibilities, with authority comes responsibility, the higher the authority, the greater the responsibility. Ensure independence, objectivity, compliance with laws, regulations, working rules, professional procedures, ethical standards, codes of conduct of agencies, organizations, and competent persons in litigation, execution of judgments and other related activities.

Highly appreciating the issuance of Regulation No. 132-QD/TW, Mr. Pham Tuan Anh, an officer of the Hoan Kiem Lake and Hanoi Old Quarter Management Board, said that the investigation and handling of organizations and individuals with corrupt and negative behaviors has no other purpose than to make officials, party members and the entire political system more worthy of the trust and confidence of the people. This regulation helps organizations and individuals working in investigation, prosecution, trial and execution agencies to self-reflect, self-correct, and correct their working style and manner, enhance their responsibility in performing public duties, avoid making mistakes, and contribute to the correct implementation of the Party and State's guidelines, policies and laws.

After studying Regulation No. 132-QD/TW consisting of 14 Articles, Mr. Pham Tuan Anh found Article 9 to be particularly important, clearly stating the responsibilities of the heads of Party committees, Party organizations, agencies, and organizations with the authority to conduct proceedings and other related activities; being responsible as heads for violations, taking advantage of, abusing positions, powers, abusing power, corruption, and negativity in Party committees, Party organizations, agencies, and organizations under their management and responsibility; being jointly responsible in cases where deputies, members of Party committees, Party organizations, agencies, and organizations have been assigned to directly manage and be in charge. At the same time, heads of Party committees, Party organizations, and agencies need to be directly responsible for violations, taking advantage of, abusing positions, powers, abusing power, corruption, and negativity occurring in the units assigned to them for direct management and responsibility.

In the coming time, to improve the effectiveness of "Controlling power, preventing and combating corruption and negativity in investigation, prosecution, trial and execution activities", Mr. Pham Tuan Anh proposed that the State needs to have leadership and direction to effectively implement regulations on controlling power to prevent corruption and negativity; ensure publicity and transparency associated with accountability of agencies, organizations and competent persons in litigation, execution and other activities.

Regarding transparency, Mr. Pham Tuan Anh emphasized the need to increase the quality of litigation in court through the role of lawyers, research to enhance independence in litigation, and ensure income for judicial staff.


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