On the afternoon of November 21, the National Assembly continued to discuss in the hall the work reports of the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy on crime prevention and control and law violations; execution of judgments; and corruption prevention and control in 2023.
Speaking at the meeting hall, delegate Nguyen Thi Kim Thuy (Da Nang delegation) reiterated the opinion expressed on the morning of November 20 about two land-related cases that occurred in Da Nang City in 2010 and 2011.
The first is the case of Phan Van Anh Vu and the defendants who committed the crimes of Abusing position and power while performing official duties and Lack of responsibility causing serious consequences.
The second case is the case of Tran Van Minh and the defendants who committed the crime of Violating regulations on the use and management of State assets causing loss and waste and Violating regulations on land management. Ms. Thuy commented that both cases did not agree on the way to determine the value of property damage.
Delegate Nguyen Thi Kim Thuy, Da Nang delegation (Photo: Quochoi.vn).
During the discussion this afternoon, Ms. Nguyen Thi Kim Thuy said that through her speech, the Chief Justice reflected on two issues: First, regarding the legal framework, the Court's panel of judges has issued a Resolution guiding the determination of consequences at the time of the crime.
Second, cases that occurred before the Resolution of the Council of Judges of the Supreme People's Court that are contrary to the Resolution of the Council of Judges need to be reconsidered.
Emotionally, the female delegate from Da Nang affirmed that in her speech she did not interfere with the court proceedings, but only reflected the voters' opinions on the inconsistent application of the law in the trial of two cases related to state assets in Da Nang.
Therefore, the Chief Justice is requested to clarify why the court inconsistently applied the determination of property damage value to the three state assets in the two cases mentioned above.
"Every official is a servant of the people, and needs to respectfully listen to the people's opinions. Whatever is beneficial to the people must be done to the best of our ability, and whatever is harmful to the people must be avoided at all costs," delegate Nguyen Thi Kim Thuy choked up.
Chief Justice of the Supreme People's Court Nguyen Hoa Binh (Photo: Quochoi.vn).
Regarding the opinion of delegate Nguyen Thi Kim Thuy, Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that if there are problems with those two cases, the consideration must follow the correct procedures and order. All people have the right to discover and make recommendations, but the recommendations must follow the correct procedures and order.
"The discovery is not the responsibility of the National Assembly delegates, but all people have the right to discover and make recommendations, but recommendations must follow the correct process and procedures.
This is a procedural event that requires very deep expertise. I suggest that if delegates are interested in this, we invite them to the Supreme People's Court to discuss the procedural order and the content of the case, to avoid wasting the National Assembly's time," said Mr. Nguyen Hoa Binh, affirming that all incorrect judgments will be reviewed according to the correct order and procedures.
Responding further to this content, Chief Justice of the Supreme People's Procuracy Le Minh Tri said that it is necessary to distinguish between appropriation and damage. In particular, damage needs to be determined at the time of initiating the case or the time the crime occurred - this is an issue that needs to be considered.
According to Mr. Le Minh Tri, in practice, regarding the subject of the violation with the act of encroachment and appropriation of state property, which is public property and public real estate, there is the matter: In one case, the real estate price increased very quickly, only 5-7 years, it increased 5-10 times.
"A criminal encroaches or appropriates 10 premises. If the time of the crime is calculated 10 years ago, he only needs to sell 1 premises and the remaining 9 premises will be profitable. How can a criminal still make a profit?", Mr. Tri said.
Chief Justice of the Supreme People's Procuracy Le Minh Tri (Photo: Quochoi.vn).
According to the Director, we must distinguish between the type of encroachment on public land and houses; the second type is the crime of encroachment on economic management order, causing serious consequences. At the time the offender commits this act, the consequences do not immediately occur, but this act takes place over a period of time, until it is discovered and stopped, the works and projects are stopped... only then do the consequences arise.
In the case of Phan Van Anh Vu, who committed the crime of appropriating many properties in Ho Chi Minh City and Da Nang. According to Director Le Minh Tri, if we calculate the price at the time of the crime, Phan Van Anh Vu only sold a few to break even, and could have become very rich if he had sold more.
He said that the person who made the administrative decision but violated the law to allow the subject to appropriate state assets; if now, we rely on the time of making the administrative decision violating the law as the basis for calculating the value of the state's damage, it is unreasonable.
"Because, real estate prices have increased 10 times. If we only count the time of the crime 10 years ago, the assets at that time, let's say it was only 1 billion, now it's 20 billion. We can't do that," he said .
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