Re-regulation on appointment and dismissal of judicial experts
(Baonghean.vn) - On December 18, the Ministry of Justice held an online conference to implement the Law amending and supplementing a number of articles of the Law on Judicial Expertise. The Hanoi bridgehead was chaired by Deputy Minister of Justice Phan Chi Hieu.
At Nghe An bridge, there were representatives of the leaders: Provincial Police, Provincial People's Court, Department of Justice; Criminal Techniques Department, Provincial Forensic Center and judicial experts.
The conference focused on disseminating some basic contents about the new contents of the Law amending and supplementing a number of articles of the Law.Private appraisalp was issued by the National Assembly on June 20, 2012.
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Overview of the online conference. Photo: An Quynh |
However, the implementation process clearly revealed a number of difficulties and problems because the law has not yet specifically regulated the basis and method of requesting appraisal, as well as the responsibility of the appraisal requesting agency is still unclear.
Based on the above requirements, the 14th National Assembly passed the Law amending and supplementing a number of articles of the Law on Judicial Expertise (effective from January 1, 2021). The Law amends and supplements 1 new article; amends and supplements 8 articles.
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Nghe An bridge point. Photo: An Quynh |
In particular, the amended and supplemented Law clearly and specifically stipulates the responsibility of the Supreme People's Procuracy in selecting qualified people to propose the appointment of criminal technical experts under its agency and similarly, the Procuracy has the right to dismiss judicial experts under its agency to ensure the principle of management authority over criminal technical experts.
The new Law also focuses on basic contents such as: scope of judicial expertise; procedures for adding public expertise organizations in the field of criminal techniques; clearly defining the rights and obligations of judicial experts; obligations of the person requesting expertise; rights and obligations of organizations requested and performing judicial expertise; time limit for expertise; responsibilities of the Supreme People's Court and the Supreme People's Procuracy for judicial expertise work.Given the specific nature and practicality of judicial appraisal work, in order to effectively implement this Law, on September 24, 2020, the Prime Minister issued Decision 1450/QD-TTg 2020 promulgating the plan to implement the Law amending and supplementing a number of articles of the Law on Judicial Appraisal.
Nghe An province also issued Plan No. 746/KH-UBND dated December 15, 2020 to implement the Law amending and supplementing a number of articles of the Law on Judicial Expertise in the province.
The conference also exchanged, discussed and resolved difficulties of ministries, branches and localities related to the Law on amendments and supplements to the Law on Judicial Expertise.