The public servant must fully compensate the wrongly accused.

(Baonghean.vn) - A public official who causes damage is obliged to repay to the budget the entire amount of money that the State has compensated the victim.

That was the opinion discussed at the conference to collect comments on the draft Law on State Compensation Liability organized by the Provincial National Assembly Delegation on the afternoon of April 7.

Mr. Tran Van Mao - Deputy Head of the Provincial National Assembly Delegation chaired the conference; Mr. Nguyen Thanh Hien - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation attended the conference. Photo: Mai Hoa.

The Law on State Compensation Liability consists of 9 chapters and 78 articles, regulating the State's compensation liability to individuals and organizations suffering damages caused by public servants in administrative management, litigation and judgment execution activities; compensable damages; rights and obligations of individuals and organizations suffering damages; compensation settlement agencies; procedures for settling compensation requests; restoration of honor; compensation costs; reimbursement responsibility; responsibilities of State agencies in State compensation work.

Based on the draft Law, at the conference, delegates focused on discussing and clarifying the scope of regulation and the scope of State compensation responsibility in State administrative management activities, criminal proceedings, civil proceedings, administrative proceedings, execution of criminal judgments, execution of civil judgments; principles of compensation and determination of compensation, settlement of compensation both materially and spiritually...

Mr. Ho Ba Vo, Vice President of the Lawyers Association, contributed his opinion at the meeting. Photo: Mai Hoa.

Mr. Ho Ba Vo, Vice President of the Lawyers Association, said that the State's responsibility for compensation in administrative management activities in cases of making illegal decisions on handling administrative violations; applying measures to prevent and ensure the handling of illegal administrative violations; applying measures to remedy consequences of administrative violations, and measures to enforce illegal decisions on handling administrative violations.

Regarding the compensation for damages, according to lawyer Tran Quoc Thanh, the State is responsible for allocating a sum of money from the State budget to carry out the responsibility for compensation and then the person performing public duties who is at fault for causing the damage is obliged to repay to the budget the entire amount of money that the State has compensated the victim, not a part, because when given the right but not properly exercising that right, he must bear full responsibility.

A trial for the case of illegal drug trafficking and possession at Vinh City Court. File photo.

Many delegates also contributed their opinions on determining the agency that resolves State compensation in criminal proceedings, including the investigation agency; the People's Procuracy, the People's Court or the agency assigned to conduct a number of investigation activities as the agency that resolves compensation in criminal proceedings. In addition to compensation for material and spiritual damages to those who are directly wronged, according to many delegates, relatives of those who are wronged also suffer tremendous mental damage, so it is necessary to have regulations on compensation for relatives...

Based on the delegates' comments, the Provincial National Assembly Delegation received and synthesized the report to the National Assembly Standing Committee before submitting it to the National Assembly for discussion at the next session.

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