7.2 billion compensation for Mr. Chan: Responsibility of individuals or foreign legal entities?

Delegate Nguyen Dinh Quyen said that, in theory, there is never any bilateral compensation between a State official and a person who has been wrongly convicted.

That is the opinion of Mr. Nguyen Dinh Quyen - Vice Chairman of the National Assembly's Judiciary Committee in an exchange outside the National Assembly's corridor about using state budget money to compensate for wrongful convictions in judicial activities.

State legal entities must compensate.

According to Mr. Nguyen Dinh Quyen, compensation for wrongful convictions must be carried out in accordance with the provisions of the law, previously there was a National Assembly Resolution and is currently being carried out in accordance with the Law on State Compensation. The performance of state public service and wrongful convictions of state public service are paid for by the budget of all countries, not just Vietnam.

“The elders say “the child is foolish, the mother bears it”, so the state legal entity must stand up to compensate for the damage. That is the state administrative relationship, between the public service performer and the person with related rights and interests, not the civil relationship between two parties when you do wrong and I have to compensate for your interests. That is in theory, there will never be bilateral compensation between a state official and a person who has been wrongly accused,” said Mr. Quyen.

Mr. Nguyen Dinh Quyen - Deputy Chairman of the National Assembly's Committee on Justice.

However, the Vice Chairman of the National Assembly's Judiciary Committee also said that the compensation for wrongful convictions in criminal proceedings has generally been very slow in recent times. This is due to the mechanism, when the wronged people themselves carry out the compensation work. Despite the rectification, the stubbornness of the authorities when doing wrong often leads to delay, delay, and difficulty.

“It is time to change the procedural model, that is, assign it to another agency to ensure objectivity, openness and transparency. It is possible to assign it to the Ministry of Justice, which is an agency that does not conduct proceedings but is the agency representing the State because no matter what stage of injustice there is, compensation will be paid from the budget,” Mr. Quyen stated his opinion.

Mr. Nguyen Dinh Quyen also said that in many countries, the law stipulates that if it is proven that a civil servant is diligent and impartial but mistakes happen, the State will still compensate. In particular, judicial civil servants are completely exempted from the responsibility for material compensation, so that they are not under any pressure when performing their duties.

However, why do countries have to pay so little compensation? According to the delegate, this issue is related to personnel work, appointment, recruitment, inspection and handling of officials. Compensation for wrongful convictions is closely related to personnel work.

If we continue to be lax in personnel work, allowing unworthy people into the State apparatus, the State and the people will have to bear all of that poor work.

The compensation is nothing compared to the amount of money spent.

According to the law, it is necessary to prove that the wrongdoer intentionally must compensate the State, but in reality, it is very difficult to distinguish between intentional and unintentional mistakes in litigation. Because people always cite the reason of limited capacity, whether it is actually due to capacity or responsibility. If it is intentional, it is very difficult to prove, except in cases where the person is caught red-handed "going undercover" with the party.

According to this delegate, even if it is an intentional mistake, the compensation level of the civil servant is very small. The compensation must still ensure that the civil servant can live on the salary, so there are compensation amounts that can last for hundreds of years but are nothing compared to the amount of money the State budget has to spend.

As for the case of Mr. Nguyen Thanh Chan (Bac Giang) who is about to be compensated with the amount of 7.2 billion VND and there are officials who are temporarily detained, according to Mr. Quyen, individuals who are wrongfully convicted will have to compensate if it is proven that the fault is intentional. However, in the future, it is necessary to study whether there are regulations in the direction of "intentional fault" or not. In reality, there is no country where civil servants stand up to compensate for the damage to the wronged person, but the number of wrongful convictions in them is very small.

In principle, the State must still compensate and the rights of the wronged must be guaranteed. If the State does not have to spend the budget on compensation, it must reform the entire State apparatus to select worthy people for that position./.

According to Vov.vn