Continuing the program of the 10th Session of the 15th National Assembly, on the morning of October 27, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Law and Justice Committee Hoang Thanh Tung reported on the explanation, acceptance, and revision of the draft Law on Transfer of Persons serving prison sentences.
According to Mr. Hoang Thanh Tung, after being accepted and revised, the draft law consists of 4 chapters and 44 articles.
Regarding the cost of transferring people serving prison sentences (Article 11), some opinions suggest more specific regulations on voluntary contributions, support and the management and use of this funding source to ensure feasibility, publicity and transparency; at the same time, assign the Government to regulate the management and use.
The National Assembly Standing Committee found that the opinions of National Assembly deputies are well-founded and consistent with reality because although the funds voluntarily contributed by those serving prison sentences, other agencies, organizations and individuals are only used to pay individuals serving prison sentences during the process of moving from the country to the country to receive them, but it is necessary to determine more clearly to avoid overlapping the content of expenditures from the state budget, ensuring publicity and transparency.
Because this is a specific content; the level of support and voluntary contributions is also different, so to ensure the stability of the law, in accordance with reality, Clause 2, Article 11 of the draft law has assigned the Government to specify this in detail.
At the same time, to clarify the responsibility of the State in ensuring funding and agree with 3 other draft laws on judicial equivalent, it is necessary to revise Clause 1, Article 11 as shown in the draft law.
Regarding the conversion of prison sentences (Article 23), some opinions suggest reviewing and revising specific, clear and more detailed regulations on the conversion of prison sentences, at the same time, adding content assigning the Government to specify this in detail.
The National Assembly Standing Committee partly accepted the opinions of National Assembly deputies, removing the provision "not converting prison sentences into other sentences" in Clause 3.
The National Assembly Standing Committee found that converting prison sentences was a complicated issue, and had to base on the details of the case stated in the verdict and the decision that had been transferred by the country to comply with criminal policies and the provisions of Vietnamese law.
Meanwhile, the criminal policies of Vietnam and other countries have many differences, for example, some countries stipulate that prison sentences can be up to hundreds of years.
Therefore, the provisions as in the draft law are suitable to ensure feasibility and convenience in application, in accordance with the diversity of laws of countries around the world, and at the same time, in line with the policy of innovating legislative thinking.
To ensure flexibility and suitability with reality, add Clause 5 assigning the "Ministry of Public Security to preside over and coordinate with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to specify in detail this Article".
