On September 23, the National Assembly Standing Committee gave opinions on the draft Resolution of the National Assembly on piloting the mechanism for recovering and handling assets related to crimes not through conviction.
Presenting the report, Member of the Party Central Committee, Director of the Supreme People's Procuracy (VKSND) Nguyen Huy Tien said that the draft Resolution consists of 3 chapters and 24 articles.
The draft Resolution stipulates the scope of regulation, cases, bases, conditions for applying the mechanism of recovering and handling assets related to crimes not through conviction; authority, tasks, powers and procedures for recovering and handling assets not through conviction.
In principle of implementation, the draft Resolution stipulates that this is a mechanism implemented independently of the order and procedures for prosecuting criminal liability for the accused, and does not apply to cases where commercial legal entities commit crimes.
Regulations not to recover assets legally owned by a third party, except in cases where the third party inherits, donates or knows or must know that the property originates from a crime or transaction established to conceal or dissipate property related to a crime.
Regarding criminal cases applying the mechanism of recovering and handling assets without conviction, according to Conclusion No. 19-KL/TW of the Politburo, the scope of criminal cases undergoing asset recovery includes criminal cases of money laundering, economic crimes, corruption, and position crimes.
To ensure compliance with the chapters of the Penal Code, the draft Resolution stipulates the mechanism for recovering and handling assets related to crimes without conviction applied to criminal cases of crimes: money laundering crimes, crimes infringing upon economic management order, corruption crimes and other crimes related to positions.
Regarding the cases of applying the mechanism for recovering and handling assets related to crimes not through conviction, the mechanism only applies to a number of specific cases: cases where criminal cases have been prosecuted but the decision to prosecute the case has been cancelled; cases where criminal cases are temporarily suspended from investigation, temporarily suspended from the case before opening the first-instance trial; cases where criminal cases are suspended from investigation, suspended from the case before opening the first-instance trial.
Expressing the viewpoint of the thẩm tra agency, Member of the Party Central Committee, Chairman of the Law and Justice Committee Phan Chi Hieu said that the Committee agreed with 3 groups of criminals being piloted with the mechanism of recovering and handling assets without conviction.
However, it is proposed that the drafting agency clarify the reasons why the mechanism for recovering and handling assets related to crimes without conviction is not applied to cases where commercial legal entities commit crimes.
According to the thẩm tra agency, in the group of economic crimes within the scope of application of the resolution, there may be commercial legal entities that must bear criminal responsibility, so the assets of legal entities related to crimes also need to be recovered for the State.
Basically agreeing with the principled regulation on handling assets after recovery, but the appraisal agency proposed to study and consider the Government's opinion when contributing policy comments on supplementing specific regulations on the mechanism for handling assets that have been included in the recovery case and handling without conviction to be consistent with the practical application of law.
