Strict regulations on handling of evidence and assets in the form of money in investigation and trial

The Judiciary Committee found that the option of allowing payments to victims during the pre-trial proceedings would better protect the rights of both the victim and the accused (in the case of interest).

Chairman of the National Assembly's Economic Committee Vu Hong Thanh presented the Report on the examination of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding. (Photo: Pham Kien/VNA)

Continuing the meeting program, on the morning of October 30, the National Assembly listened to the presentation and report on the review of the draft Law amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding; the presentation and draft Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases.

It is necessary to clarify more difficulties and obstacles for PPP projects.

Reporting on the review of the draft Law on amending and supplementing a number of articles of the Law on Planning, the Law on Investment, the Law on Investment under the public-private partnership model and the Law on Bidding, Chairman of the National Assembly's Economic Committee Vu Hong Thanh said that the Economic Committee basically agreed with the necessity of amending and supplementing the laws under the draft Law with the political basis, legal basis and practical basis stated in the Government's Submission No. 675/TTr-CP.

Regarding the special investment procedures in the Draft Law, the Economic Committee recommends that the Government carefully review and clearly and strictly regulate the subjects to which these special investment procedures are applied; thoroughly research and assess the impact, ensuring that the decentralization of authority to grant special investment certificates meets the capacity, decision-making capacity, organization, and human resources of each management level, ensuring consistency in the legal system; at the same time, it is necessary to supplement sanctions with specific responsibilities and handle violations to ensure feasibility and effectiveness in implementation, especially for large, important projects of a complex specialized nature, with widespread impacts on the socio-economic development of localities, regions, and the whole country.

Regarding the amendment and supplementation of a number of articles of the Law on Investment under the Public-Private Partnership model, according to Mr. Vu Hong Thanh, the expansion of the scope of application in a number of localities in the pilot phase has not been summarized and evaluated. Therefore, it is recommended to review, consider, and be cautious with this proposal and supplement it with a thorough evaluation. In addition, the PPP Law has been applied for about 5 years, but mobilizing investors to participate in PPP projects still faces many difficulties. Therefore, it is recommended to clarify the difficulties and obstacles facing PPP projects in the past to have more appropriate solutions.

Regarding amendments and supplements to a number of articles of the Law on Bidding, the Economic Committee requested the Government to explain and assess the specific impacts on the application of regulations on pre-bidding. At the same time, clarify whether it is necessary to re-bid in cases where the signing of a contract based on the results of the pre-bidding process may not meet the requirements of the approved project; clearly define the content of pre-bidding for bidding packages to select contractors to implement projects using ODA capital, preferential loans from foreign donors and pre-bidding for bidding packages to select other contractors.

Strict regulations on measures to handle evidence and assets in the form of money during investigation, prosecution and trial

The report on the review of the Project Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases and cases presented by the Chairwoman of the Judiciary Committee, Le Thi Nga, emphasized that the issuance of the Resolution aims to urgently implement Conclusion No. 87-KL/TW of the Politburo, creating a legal basis to remove difficulties and obstacles, meeting practical requirements in resolving criminal cases and cases under the supervision and direction of the Central Steering Committee on anti-corruption and negativity.

National Assembly delegate of Quang Binh province Nguyen Manh Cuong speaks. (Photo: Doan Tan/VNA)

Thereby, improving the effectiveness of the fight against crime, especially economic crimes and corruption, better ensuring the legitimate rights and interests of relevant organizations and individuals, as well as minimizing negative impacts on the investment and business environment. The pilot results will create a practical basis for perfecting the law on criminal and criminal proceedings in the coming time.

Regarding measures to handle evidence and assets in the form of money (Clause 1, Article 3), the Judiciary Committee found that the provision allowing payment to victims in the pre-trial proceedings would better ensure the rights of both the victims and the accused (in cases where interest is charged on the compensation).

According to the provisions of the Criminal Procedure Law, the authorization of payment of compensation for damages is part of the settlement of civil issues in criminal cases, and this content is under the jurisdiction of the Court at the trial stage. Therefore, the Judicial Committee agrees to strictly regulate the applicable conditions, and at the same time, there must be consensus among the agencies conducting the proceedings before making a decision.

Regarding the measure to allow the purchase, sale and transfer of evidence and assets, the Judiciary Committee basically agrees with the provisions of the Draft and believes that, during the litigation process, if the purchase, sale and transfer of evidence and assets that have been seized and frozen through auction are allowed early, it will create the possibility of recovering higher compensation for damages, ensuring the rights of both the victim and the accused. The Judiciary Committee also agrees with the provisions of the Draft on the measure to temporarily suspend transactions; temporarily suspend the registration and transfer of ownership and use rights of assets (Clause 5, Article 3) and believes that this is a measure that plays a very important role in improving the effectiveness of the fight against and handling of economic and corruption crimes./.

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