Ensuring the legality and effectiveness of emergency measures in extradition

The new regulations are expected to create a clear legal framework for the detention of people in urgent cases, before a formal extradition request is made.

Chairman of the Committee on Law and Justice Hoang Thanh Tung reported at the meeting of the Standing Committee of the National Assembly on the afternoon of August 11.

On the afternoon of August 11, continuing the 48th session, the National Assembly Standing Committee (NASC) gave opinions on amending and supplementing 4 draft Laws on Justice (including the Law on Extradition, the Law on Transfer of Persons Serving Prison Sentences, the Law on Mutual Legal Assistance in Criminal Matters and the Law on Mutual Legal Assistance in Civil Matters).

Reporting on this issue, Chairman of the Law and Justice Committee Hoang Thanh Tung said that the amendments and supplements aim to perfect the legal framework and strengthen international judicial cooperation.

Delegates attending the meeting

In particular, for the draft Extradition Law , the notable change is the addition of regulations on the order, procedures and conditions for detention in both cases (Vietnam and foreign countries are/are not members of international treaties on extradition), with the detention period not exceeding 45 days at the accommodation facility for foreigners waiting to leave the country.

According to Director Hoang Thanh Tung, this provision creates a clear legal framework for the detention of people in emergency cases, before a formal extradition request is made. This is very important to ensure the legality and effectiveness of emergency measures in international cooperation, contributing to the fight against transnational crime.

Regarding the draft Law on Transfer of Persons Serving Prison Sentences , the important content is to remove the provision "not converting prison sentences into other penalties" in Clause 3 and assign the Minister of Public Security to preside over and coordinate with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to specify this in detail.

Explaining, the head of the Law and Justice Committee said that converting prison sentences is a complicated issue due to differences in criminal policies between Vietnam and other countries. Assigning the Government to provide detailed regulations will ensure the flexibility, stability and feasibility of the law, ensuring that the sentence is enforced in accordance with Vietnamese law.

Delegates attending the meeting

The draft Law on Mutual Legal Assistance in Criminal Matters has been revised to stipulate cases where mutual legal assistance in criminal matters “may” be refused instead of the “mandatory” refusal for crimes related to politics or military matters; creating greater flexibility for Vietnam in the process of negotiating and signing future mutual legal assistance agreements; helping to avoid conflicts of law or different interpretations of relevant legal provisions (especially the Penal Code).

According to Mr. Hoang Thanh Tung, the new point in the draft Law on Judicial Assistance in Civil Matters is to add a new article regulating judicial assistance in civil matters between Vietnamese provinces and localities of other countries sharing borders with Vietnam; creating conditions for competent authorities of countries to quickly resolve civil cases, bankruptcy, and civil judgment enforcement, avoiding piling up work on central agencies, causing bottlenecks in the resolution process. This is the legalization of the provisions of signed international treaties (such as the agreement with Laos), helping to promote local-level cooperation, effectively serving the needs of people and businesses in border areas.

MR. PHUONG

Source: https://www.sggp.org.vn/dam-bao-tinh-hop-phap-va-hieu-qua-cua-cac-bien-phap-khan-cap-trong-dan-do-post807845.html