Participating in giving opinions, delegate Quàng Thị Nguyệt, National Assembly Delegation of Dien Bien province agreed with the necessity and major contents of amending and supplementing the Law on Prevention and Combat of Human Trafficking.
The delegate said that the draft Law has supplemented important principles and policies of the State on preventing and combating human trafficking, such as policies to support victims, people in the process of being identified as victims, people under 18 years old accompanying victims, regulations on exemption from criminal and administrative liability in cases where victims are forced to commit illegal acts... According to the delegate, the supplementation of these principles and policies is extremely necessary, further affirming the humane policies of our Party and State in preventing and combating human trafficking.
The delegate analyzed that Clause 3, Article 37 of the draft Law stipulates that people under 18 years old accompanying victims and people in the process of being identified as victims are entitled to support for essential needs and travel expenses; medical support; psychological support; legal aid and support for interpretation costs. However, Articles 38, 39, 40, 41, and 44 of the draft Law specifically stipulate that the above support regimes only stipulate that the beneficiaries are victims and people in the process of being identified as victims. Therefore, it is recommended that the Drafting Committee study and supplement them for completeness.
Citing the provisions on legal aid, Clause 3, Article 37 of the draft Law stipulates that people under 18 years old accompanying victims and people in the process of being identified as victims are entitled to legal aid. However, Clause 1, Article 41 of the draft Law only stipulates that victims and people in the process of being identified as victims are entitled to legal aid. The 2017 Law on Legal Aid also only stipulates support for children (under 16 years old) and people from 16 to under 18 years old who are victims in criminal cases.
“Thus, we are missing out on the legal aid beneficiaries who are the people accompanying the victim from the age of 16 to under 18. We propose that the Drafting Committee amend Clause 1, Article 41, Clause 1, Article 65, adding people under 18 years old accompanying the victim, and people in the process of being identified as victims to make it complete,” delegate Quàng Thị Nguyệt suggested.
Regarding the provisions on exemption from criminal liability and administrative sanctions for victims forced to commit illegal acts. The draft Law supplements the provisions that victims forced to commit illegal acts may not be subject to administrative sanctions or criminal prosecution for these acts. Delegates believe that this provision is necessary because in reality, victims of human trafficking may be beaten, tortured, or threatened with death if they do not perform the acts required by the traffickers.
The draft Law stipulates that, depending on each specific case according to the provisions of relevant laws, victims who are forced to commit illegal acts may not be subject to administrative sanctions or criminal prosecution for these acts. However, compared with the provisions of the current Penal Code and the Law on Handling of Administrative Violations, there are no provisions on exemption from criminal prosecution and exemption from administrative sanctions for illegal acts committed by coercion. Therefore, if the provisions are as stipulated in the draft Law, the competent authorities will not have enough basis to implement them in practice.
Delegate Quàng Thị Nguyệt suggested that the drafting agency specify the cases and acts that victims are forced to commit that may not be subject to administrative sanctions or criminal prosecution in the draft Law, and at the same time add provisions on the grounds for exemption from criminal liability in the Penal Code and cases of no administrative sanctions in the current Law on Handling of Administrative Violations to facilitate the implementation process when the Law comes into effect.
Receiving and explaining the opinions at the discussion session, Minister of Public Security Luong Tam Quang said that the Ministry will closely coordinate with the agency in charge of reviewing and receiving the opinions of National Assembly deputies to complete the draft Law to submit to the National Assembly for approval at the 8th session of the 15th National Assembly.
Source: https://baodienbienphu.com.vn/tin-tuc/chinh-tri/216136/dai-bieu-quoc-hoi-tinh-tham-gia-y-kien-du-thao-luat-phong-chong-mua-ban-nguoi-sua-doi
Comment (0)