No criminal prosecution when meeting 6 conditions to protect those who dare to do it

Lê Thanh Phong |

The draft Resolution of the National Assembly proposes that competent procedural agencies not prosecute criminal liability when 6 conditions are met.

Six conditions are: No corruption; For the common good; Investment, production, business, application of science, technology, innovation, and digital transformation activities have been completed, bringing socio-economic efficiency to the locality and the country; No complaints or denunciations or complaints or denunciations have been resolved definitively according to regulations; No loss or waste of property caused. In case of loss or waste of property, all consequences have been remedied; The perpetrator has clearly declared the incident, effectively contributing to the detection and handling of crimes.

One of the obstacles to development over the years is not only the lack of capital, mechanisms or technology, but also the fear of responsibility.

Therefore, it is very necessary for the National Assembly to consider issuing a Resolution on specific mechanisms and policies to handle violations of laws related to the state economy, private economy, innovation and digital transformation.

A noteworthy point of the draft is the proposal not to prosecute criminal liability for violators when fully meeting the strict conditions stipulated by the resolution.

The policy of protecting dynamic and creative cadres who dare to think, dare to do, and dare to take responsibility for the common good has been clearly defined by the Party.

However, without a protective mechanism, implementers will have a psychology of fear of doing more wrongs than done, doing less wrongs than done, not doing wrongs is not wrong.

It is necessary to look directly at the reality that innovation always comes with risks, not all new models achieve the desired results.

If we do not clearly distinguish errors arising in the renovation process for the common good from intentional violations for profit, pioneers will hardly have enough faith to step out of the beaten path.

The draft does not aim to create a "safe zone" or legalize violations, but aims to distinguish people who act for the common good but incur violations from people who intentionally act against regulations for personal gain.

Reality has proven that major corruption cases in the past time have all been handled strictly, without forbidden zones, without exceptions.

Therefore, considering not prosecuting or exempting from criminal liability in cases that fully meet the conditions does not reduce the strictness of the law.

An official who decides to deploy a new model to develop the locality, a scientist who tests new technology, a pioneer enterprise investing in an unprecedented field, if they have followed the process, done their responsibilities correctly and for the common good, they need to be protected by law when encountering objective risks.

However, for the resolution to go into life, the applicable criteria need to be clearly and specifically regulated, avoiding different understandings between enforcement agencies.

Protect those who dare to do but do not let anyone take advantage of humane policies to evade responsibility or legitimize violations.

Lê Thanh Phong
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Proposal not to prosecute criminal liability when meeting 6 conditions

ANH HUY |

The draft Resolution of the National Assembly proposes that competent procedural agencies not prosecute criminal liability when 6 conditions are met.

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ANH HUY |

The addition of these contents aims to overcome the situation of "top hot, bottom cold", officials avoiding, fearing responsibility, not daring to do things are hindering development.