'If the State issues an incorrect verdict, compensation must be paid'

Vice Chairman of the National Assembly Phung Quoc Hien emphasized that all activities that cause injustice and wrongdoing must be compensated, not blamed on infeasibility or the country's conditions.

This morning (January 9), the National Assembly Standing Committee discussed major issues with different opinions in the draft Law on State Compensation Liability (amended). Opinions agreed on the scope of the draft Law, which stipulates the State's compensation liability in three areas: administrative management, litigation and judgment enforcement.

Chief Justice of the Supreme People's Court Nguyen Hoa Binh

Speaking at the meeting, Chief Justice of the Supreme People's Court Nguyen Hoa Binh said that the number of wrongful convictions requiring compensation accounts for a small percentage of cases but has a huge impact, so it is necessary to specify the responsibilities of each stage. Errors are continuous from beginning to end, so when handling them, they must be handled from beginning to end, otherwise the investigator will hand them over to the prosecutor, and the prosecutor will hand them over to the judge.

Mr. Le Huu The, Deputy Chief Justice of the Supreme People's Procuracy, also expressed that because the regulations are still qualitative and unclear, there are problems in the compensation process. In cases where there are invoices and documents, it is easy, but in cases where there are losses such as job loss, health problems, and broken families, a relatively clear basis is needed to facilitate negotiations and gain sympathy from the people.

“Injustice is a painful issue, but it has decreased a lot now. In principle, the state must compensate, because civil servants must do it on behalf of the state, and the child must bear the consequences. Regarding compensation, if you intentionally do something wrong, you must pay for it, leading to injustice, you have to pay for it yourself, but for big things, you can’t pay for it in your whole life. If it is due to your level of education that causes injustice, and you have to pay for it, then you feel worried. What attitude should you have to let people know?” – Mr. The said.

Regarding the responsibility from investigation, prosecution, and trial, the Deputy Chief Justice of the Supreme People's Procuracy also agreed that the agency that ultimately made a mistake should apologize on behalf of the state, but the responsibility of each individual must be determined from the beginning so that there is no "playing ball".

As the agency that receives and synthesizes voters' opinions, Head of the People's Aspirations Committee Nguyen Thanh Hai shared that what makes voters and people worried is where to get money for compensation, especially tax money contributed by the people. Therefore, there needs to be a separation such as the proposal to set up a fund to get money from fines and compensation so that people do not worry.

However, Vice Chairman of the National Assembly Phung Quoc Hien emphasized that the State's activities must be undertaken by the budget as a principle, whether it is fines or other revenues, they are all budget money. The remaining task is to explain to the people.

Vice President Phung Quoc Hien: "If the State issues an incorrect verdict, compensation must be paid."

“If you make an incorrect judgment in the name of the State, you must compensate and use the source from the budget. We should not establish a fund because we already have too many funds, and funds also operate from the budget” – Mr. Phung Quoc Hien expressed his opinion and believed that all activities that cause injustice and wrongdoing must be compensated, not blamed on infeasibility or the country's conditions.

The Vice President of the National Assembly also suggested quantifying compensation, otherwise it would cause endless controversy. As for who should compensate, it should be stipulated that the level that made the wrong decision must compensate and apologize. In addition, it is necessary to clarify the joint responsibility from investigation, prosecution to trial to avoid shifting responsibility and ensure transparency.

Sharing the same view, Chairwoman of the Judiciary Committee Le Thi Nga also said that in the name of the State and public authority, if wrongful or unjust acts are committed, the budget should first be used to compensate to ensure the rights of the wronged person. In addition, a suitable compensation level should also be determined to enhance the responsibility of performing public duties.

Concluding the discussion session, Vice Chairman of the National Assembly Uong Chu Luu emphasized the need to carefully discuss this bill because it is related to the rights of the people and those performing public duties. After today's meeting, the agencies must continue to gather to absorb and process the bill, soon organize a conference of specialized delegates, invite experts to give their opinions to report to the Standing Committee of the National Assembly for comments before submitting it to the National Assembly./.

According to VOV