The Chief Justice of the Supreme People's Procuracy said that many valuable exhibits and assets that have been seized, temporarily detained, seized, or frozen for a long time have not been processed early for circulation, causing freezing and wasting resources, affecting the rights and interests of agencies, organizations, businesses, and individuals.

Practice requires regulations to handle evidence and assets earlier, more proactively and flexibly in the process of handling information about crimes, prosecution, investigation, prosecution and trial (without having to wait until there is a decision to suspend or a court verdict or decision).

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Supreme People's Procuracy Chief Nguyen Huy Tien presents the draft resolution. Photo: National Assembly

The purpose is to ensure against freezing assets, loss, and depreciation of the value of evidence and assets; promptly recover money and assets for the State and remedy the consequences caused by criminal acts.

The draft resolution proposes that the investigation agency, the prosecutor's office, and the court that is handling and resolving a case or lawsuit can consider and decide to immediately apply measures to handle evidence and assets during the process of handling information about crimes, initiating, investigating, prosecuting, and trying criminal cases.

5 measures to handle evidence and assets, including: Handling evidence and assets in the form of money; Depositing a security deposit so that the prosecuting agency can cancel the seizure, temporary detention, attachment, or suspension of transactions; Allowing the purchase, sale, or transfer of evidence and assets and temporarily holding the collected money; Handing over evidence and assets to the legal owner or manager for management, exploitation, and use; Temporarily suspending transactions and handling suspended assets.

On behalf of the agency examining the draft resolution, Chairwoman of the National Assembly's Judicial Committee Le Thi Nga said that of the five measures, four groups of measures are applied to evidence and assets that have been seized, temporarily detained, attached, or frozen; one group of measures is of a "temporary emergency" nature and can be applied immediately at the stage of handling information about crimes.

According to the Judiciary Committee, this is a measure that has not been stipulated in the criminal procedure law. Piloting these measures will contribute to fundamentally resolving current difficulties and shortcomings.

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Chairwoman of the National Assembly's Judiciary Committee Le Thi Nga presented the review of the draft resolution. Photo: National Assembly

Regarding specific measures, the draft resolution stipulates a mechanism allowing the accused or organizations and individuals to deposit a security deposit to cancel the seizure, temporary detention, attachment, and blockade. The amount of the security deposit must not be lower than the value of the evidence and assets according to the asset valuation conclusion.

The Judiciary Committee approved the above plan and said that this measure creates the possibility of early recovery of compensation for damages, minimizes the need to handle assets, saves costs, and at the same time, ensures the rights of property owners.

The examining agency also agreed with the regulation that the prosecuting agency may permit the purchase, sale, or transfer of evidence and assets through public auctions in accordance with the provisions of law, except in cases where co-owners repurchase evidence and assets.

Many huge numbers about recovering corrupt assets, including diamonds, ivory, yachts...

Many huge numbers about recovering corrupt assets, including diamonds, ivory, yachts...

Chief Justice of the Supreme People's Court Le Minh Tri and Chief Prosecutor of the Supreme People's Procuracy Nguyen Huy Tien presented many startling figures about asset recovery in corruption and economic cases.
Assets to be recovered in large backlog corruption and economic cases

Assets to be recovered in large backlog corruption and economic cases

The Chairman of the Judiciary Committee said that there is still a large backlog of assets to be recovered in criminal cases of corruption and economic crimes. Many assets must be recovered but their legal status has not been clarified when they are seized, causing difficulties in enforcing judgments.