Proposal to keep forensic department under provincial police

Delegate Nguyen Duc Chung (Hanoi) speaks at the meeting. Photo: VNA

The Law on Judicial Expertise regulates judicial experts; judicial expertise organizations; judicial appraisers on a case-by-case basis, judicial expertise organizations on a case-by-case basis; judicial expertise activities; judicial expertise costs, regimes and policies in judicial expertise activities and responsibilities of state agencies for judicial expertise organizations and activities.

Centralize forensic examination activities at the provincial level into one focal point

The issue that has been hotly discussed and has many conflicting opinions is the public forensic forensic organization, especially the provincial forensic forensic organization.

The report on explanation, acceptance and revision of the draft Law on Judicial Expertise of the National Assembly Standing Committee presented by Chairman of the National Assembly's Judicial Committee Nguyen Van Hien shows that there are still two different opinions on the model of organizing provincial-level forensic expertise.

There is consensus with the Government's Proposal and Draft Law submitted to the National Assembly, accordingly, forensic examination organizations include: National Institute of Forensic Medicine under the Ministry of Health; Forensic Examination Centers of provinces and centrally run cities (under the Health sector); Military Forensic Institute of the Ministry of National Defense; Forensic Examination Centers under the Institute of Criminal Science, Ministry of Public Security. Thus, in provinces and centrally run cities (provincial level), there will no longer be forensic examiners at the Criminal Techniques Department of the provincial police, but forensic examination activities will be concentrated in forensic examination organizations under the Health sector to ensure objectivity and professionalism.

However, there are also many opinions suggesting to keep the regulation on forensic examiners under the Criminal Techniques Department of the Provincial Police as the current regulation, because through many years of practice, the team of forensic examiners under the Criminal Techniques Department of the Provincial Police mainly performs autopsy examinations and is promptly serving the handling of cases of violation of human life (causing death).

Discussing in the Hall, many delegates commented that the organization and activities of forensic examination over the past years have been inconsistent, fragmented, and unfavorable for investment in developing this field in a professional and modern direction; at the same time, they are not in line with the current trends of judicial reform and administrative reform. Therefore, according to the opinions of many delegates, in order to meet the increasingly high requirements of litigation activities, it is necessary to innovate the model of forensic examination organization at the provincial level. Accordingly, it is necessary to concentrate forensic examination activities at the provincial level on one focal point, creating conditions for the Government to invest in facilities, human resources, and build a system of regular, modern, and highly professionalized forensic examination organizations. This is also the most fundamental innovation in the draft Law on Judicial Examination that the Government submitted to the National Assembly. However, forensic experts should be kept in the Criminal Techniques Department of the provincial police, because forensic examination is not simply a medical profession, but also contributes to ensuring security and order.

Delegate Nguyen Duc Trung (Hanoi delegation); Pham Van Gon (Ho Chi Minh delegation); Nguyen Minh Kha (Can Tho delegation) and many other delegates said that over the years, the team of forensic experts under the provincial police has made important contributions to the investigation and handling of cases, ensuring accuracy, objectivity and speed. Along with that, the team of experts under the Criminal Techniques Department, Provincial Police are currently completing their tasks well, so it is necessary to keep forensic experts under the police.

Delegate Thich Thanh Quyet (Quang Ninh delegation) emphasized that the police play a key role in the fight against crime. If forensic examination is removed from the provincial police, it will affect the investigation and case-solving process.

Contrary to the opinions of the above delegates, delegates Truong Thi Yen Linh (Ca Mau delegation); Le Minh Hien (Khanh Hoa delegation) said that in provinces and centrally-run cities (provincial level), there will no longer be forensic examiners at the Criminal Techniques Department of the provincial police, but forensic examination activities will be concentrated in forensic examination organizations under the health sector to ensure objectivity and professionalism. However, according to these delegates, in the context that provincial forensic examination organizations under the health sector have not been fully established due to many factors. In some localities, forensic examination under the health sector cannot immediately undertake all forensic examination tasks (including forensic examination on living people and autopsy examination), so there needs to be a suitable roadmap. In particular, determining the transitional steps and implementation period for transferring tasks and powers from the forensic department of the provincial police's criminal technical department to the forensic examination organization of the health sector must be based on the actual conditions of each locality.

To what extent is judicial appraisal activities socialized?

Many delegates expressed concerns about whether judicial appraisal activities should be socialized, allowing qualified judicial appraisers to establish judicial appraisal offices in all fields, to conduct judicial appraisals at the request of the prosecution agency and the request of the litigant in civil and administrative cases.

The majority of delegates said that the establishment of a non-public judicial appraisal organization is a new type of service and needs a suitable roadmap.

Delegate Thich Thanh Quyet (Quang Ninh delegation) said that socializing judicial appraisal is a correct policy, and it is necessary to take cautious steps, clearly defining which areas of socialization and to what extent.

Sharing the same opinion, delegate Tran Van Tan (Tien Giang delegation) suggested that we should limit the socialization of judicial appraisal, then summarize experiences to have better implementation directions.

Delegate Huynh Nghia (Da Nang delegation) agreed with the regulation expanding the right for litigants to directly request forensic expertise in order to create equality in litigation relations and in line with judicial reform. This delegate also proposed to further expand the subjects who are requested for forensic expertise. It should be stipulated that litigants in business, commercial and labor cases; victims in criminal cases also have the right to request forensic expertise. This will fully cover all areas of trial and protect justice. However, to avoid litigants taking advantage of this flexibility to prolong the trial process, delay the performance of their obligations and responsibilities; delegate Nghia said that requests for forensic expertise should only be allowed within the time limit for resolving the case.

Disagreeing with the socialization of forensic examination activities, including assigning the parties to request examinations, especially for criminal cases, administrative issues and even some civil issues, is the opinion of delegate Ho Trong Ngu (Vinh Long delegation).

Regarding the scope of activities of non-public forensic organizations, many opinions agree with the provisions of the draft Law; some opinions suggest expanding the scope of non-public forensic organizations to include all three basic fields: Forensic medicine, forensic psychiatry, criminal techniques and other fields such as: Goods quality appraisal, food hygiene and safety; however, there are also opinions suggesting that this content should not be stipulated in the draft Law./.