The National Assembly Standing Committee has unanimously submitted to the National Assembly for consideration and comments on the draft Resolution of the National Assembly stipulating specific mechanisms and policies to handle violations of laws related to the state economy, private economy and the application of science, technology, innovation, and digital transformation.
The draft is chaired by the Ministry of Public Security. The draft Resolution consists of 3 Chapters, 13 Articles and is expected to be implemented in 3 years.
In case after the expiration date, but the period of temporary suspension of criminal prosecution to remedy consequences is still valid, it shall continue to be implemented until the expiration of this period, but not more than 2 years.
Chapter II of the Government's Summary Report (with 7 articles, from Article 5 to Article 11) stipulates the handling of violations of laws related to the state economy, private economy and the application of science, technology, innovation, and digital transformation.
Accordingly, this Chapter has 4 articles to regulate criminal handling policies, including:
No criminal prosecution; exclusion of criminal liability for people who encounter risks and damages due to the application of science, technology, innovation, and digital transformation; suspension of criminal prosecution and exemption from criminal liability.
At the same time, to implement these criminal policies, Articles 9 and 10 of the draft Resolution stipulate the order and procedures of criminal proceedings and the order and procedures in criminal judgment enforcement for implementation.
In addition, to ensure correspondence with criminal handling, Article 11 of the draft Resolution stipulates the disciplinary action against cadres, civil servants, public employees, and people of the armed forces corresponding to the conditions on criminal handling policies stipulated from Article 5 to Article 8 of this Resolution.
In the summary preliminary thẩm tra report of the Standing Committee of the Economic and Finance Committee, it is clearly stated that the majority of opinions agree that the issuance of the Resolution is necessary.
This is to promptly institutionalize the Party's new guidelines and viewpoints on handling violations of the law related to the state economy, private economy, science, technology, innovation and digital transformation.
Regarding the exclusion of criminal liability for people who encounter risks and cause damage due to the application of science and technology, innovation, and digital transformation, this is a new policy, which is of great significance in encouraging innovation and accepting controlled risks.
However, it is proposed to clearly stipulate the subjects of application as the person causing damage or the person suffering damage; clarify the relationship between this mechanism and the current regulations of the Penal Code on excluding criminal liability in research, testing, and application of scientific, technical and new technology advances.
At the same time, specify the conditions and criteria for application to ensure objectivity, transparency, and avoid abuse.
Regarding regulations related to exemption from criminal liability, mitigation of criminal liability, reduction of penalties, exemption from conditional imprisonment and disciplinary action, it is proposed to continue reviewing to ensure that remediation of consequences does not become a single condition or absolutely decisive condition to enjoy leniency policies.
The application needs to be considered on the overall basis of the nature and level of danger of the act; motives, purposes, roles of violators; consequences incurred; ability to remedy consequences and requirements for protecting the legitimate rights and interests of the State, organizations, and individuals.
