The National Assembly discussed the proposal to pilot 5 measures to handle evidence and assets in corruption and economic cases.
On the morning of October 30, the National Assembly listened to and gave opinions on the draft Resolution on piloting the handling of evidence and assets during the investigation, prosecution, and trial of a number of criminal cases.
In recent years, the fight against crime, including corruption and economic crimes, has achieved great results, especially in cases and incidents under the supervision and direction of the Central Steering Committee on Anti-Corruption and Negative Crimes.
However, the practice of criminal proceedings shows that there are many difficulties and problems, especially in the handling of evidence and assets in corruption and economic cases. Many valuable evidence and assets that have been seized, detained, seized, or frozen for a long time have not been processed early for circulation, causing freezing and wasting resources, affecting the rights and interests of agencies, organizations, businesses, and individuals.
In addition, there is also a lack of measures for the prosecution agencies to implement from the beginning to prevent the transfer and dispersal of assets before there is sufficient basis to apply the measures of seizure and blockade...
To ensure the release of resources, resolve urgent issues, and ensure early recovery and maximum value of lost and misappropriated assets, the Politburo issued Conclusion No. 87-KL/TW dated July 13, 2024 on the Project "Building a mechanism for handling evidence and assets temporarily detained, seized, and frozen during the investigation, prosecution, and trial of cases and incidents.
Implementing Conclusion No. 87-KL/TW of the Politburo on the establishment of a mechanism for early handling of assets and evidence not only applied to "cases" but also to "incidents", the scope of regulation of the draft resolution has determined that the pilot handling of evidence and assets seized, temporarily detained, seized, and frozen is implemented right from the stage of handling information about crimes, throughout the process of prosecution, investigation, prosecution, and trial, and is only applied on a pilot basis to criminal cases and incidents under the supervision and direction of the Central Steering Committee on Anti-Corruption and Negativity.
The draft resolution stipulates five measures for handling evidence and assets, including: Returning money to the victim or depositing money in the bank pending processing; depositing a security deposit to cancel the seizure, temporary detention, attachment, or blockade; allowing the purchase, sale, or transfer of evidence and assets and handling the proceeds from the purchase, sale, or transfer; handing over evidence and assets to the legal owner or manager for management, exploitation, and use; temporarily suspending transactions; temporarily suspending the registration and transfer of ownership and use of assets.
After listening to the presentation and review report on the draft Resolution at the plenary session at Dien Hong Hall, the National Assembly held group discussions. The National Assembly delegation of Nghe An province discussed in Group 3 with the National Assembly delegations of Bac Giang and Quang Ngai provinces.
Major General Tran Duc Thuan - Standing member of the National Assembly's Committee on National Defense and Security, delegate of Nghe An delegation expressed his high agreement with the National Assembly's issuance of a pilot Resolution to promptly handle problems arising in the implementation of the Criminal Procedure Code; thereby drawing experience and moving towards amending the Criminal Procedure Code.
However, Major General Tran Duc Thuan suggested that the drafting agency carefully review the provisions of the Criminal Procedure Code and related laws to avoid overlaps and problems with the resolution during implementation. The resolution should also have provisions that, in case of overlaps and problems, they should be handled according to the provisions of this resolution.
Referring to the content of the draft resolution, the delegate of Nghe An delegation proposed to clearly stipulate the issue of handling evidence and assets such as: Evidence is property, seized property; at the same time, ensuring the principle of handling evidence and assets does not affect the resolution of cases and incidents; there are criteria in handling evidence and assets that have circulation significance to serve socio-economic development, not to waste.
Also in the working program, the National Assembly will conduct group discussions on 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; and listen to the submission and 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.
