Can people sell?

Delegate Truong Trong Nghia (HCMC delegation) expressed his agreement with the proposal of the Supreme People's Procuracy. "It involves many things, including waste when so many projects are stalled, houses are sealed and cannot be moved, then stocks, money, gold... The Party's Resolution is there, the policy is there, we must find a way to achieve the goal of correct trial and handling, no wrongful convictions, no escape from crime; especially economic issues, the issue of asset handling must be highly effective, avoiding waste" - he said.

Another important point, according to the delegate, is not to stagnate commercial and civil relations, many of which involve foreign countries. In particular, it does not affect human rights, civil rights, etc.

However, through studying the draft resolution, Mr. Truong Trong Nghia is not yet confident about the regulations on real estate assets, money, material, shares, stocks, bonds and areas related to banking.

“We are afraid that if we do not act strictly, it will cause violations. The intention is good, but in the end, it will violate the law and the rights of related parties. The victims, suspects, and defendants may also have their legal rights affected,” Mr. Nghia expressed.

Referring to the principle of presumption of innocence, the representative of the Ho Chi Minh City delegation said that the resolution proposed to apply it from the stage of handling the denunciation, but the general principle is that when there is no effective court judgment, the person is still treated as innocent. Suddenly there is a petition sent to the investigation agency and the handling of assets may not be really appropriate.

“There are countless reports of denunciations, including those who hate each other, those who compete with each other, those who misunderstand each other, and those who misunderstand each other. There are cases of wrongful convictions due to the handling of denunciations, many years later, they have to apologize, by which time all the assets have been dissipated. Therefore, the resolution needs to clearly define measures for handling assets in accordance with the principle of presumption of innocence and in accordance with the right to dispose of assets at different stages of the criminal process,” said Mr. Truong Trong Nghia.

Delegate Nguyen Truong Giang

Delegate Nguyen Truong Giang - Vice Chairman of the Law Committee also expressed concerns about the regulation on measures allowing deposit of security to cancel the seizure, temporary detention, attachment, and blockade, and that amount must not be lower than the value of the evidence and assets according to the asset valuation conclusion.

Firstly, he said that judicial appraisal is difficult because at each point in time, prices may be different, and even assets that are auctioned after the verdict takes effect have a higher price than before. Therefore, this regulation is very difficult to implement, and appraisal is very difficult.

Second, after the seizure, temporary detention, blockade, or confiscation is lifted, the individual or organization receiving the property is responsible for preserving the evidence and assets during the management, exploitation, and use process.

“The house is worth 10 billion, they paid 11-12 billion, so when they receive it back they can’t sell it? If the seizure is canceled, they can have a completely normal transaction, so can that property be sold? If they say that after paying the money they have to keep it, no one will put money down because it won’t be used for anything. In the case of selling it, the evidence is lost, what happens later when they want to go back to determine the evidence?”, Mr. Giang raised the question.

Delegate Duong Van Thang - Deputy Chief Justice of the Supreme People's Court, Chief Justice of the Central Military Court, suggested caution in defining the scope of the draft resolution, especially in the pre-trial stage because it is not yet known whether a case or defendant will be prosecuted. Handling of evidence and assets of people who have not been charged with a crime could lead to violations of property rights as prescribed by the Constitution.

Emphasizing the principle of the resolution stipulating new content that is not yet regulated by current law, Mr. Thang said that in addition to ensuring timely implementation of handling measures, it is necessary to minimize the emergence of disputes, exploitation, abuse, corruption, and negativity.

Therefore, the delegate proposed to add the following principles: First, ensure that there are no disputes with other cases, and ensure the harmony of the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.

Second, for physical evidence bearing traces of crime, the basis for determining crime and criminal responsibility, the application of measures to handle physical evidence by the investigation agency, the prosecutor's office, and the court must prove that physical evidence so that the court can try and resolve the case, avoiding wrongful conviction of innocent people and avoiding letting criminals escape.

Source: https://vov.vn/chinh-tri/nop-tien-de-nhan-lai-tai-san-ke-bien-phong-toa-nguoi-dan-co-duoc-ban-khong-post1131982.vov