On May 29, the National Assembly discussed the draft Resolution on piloting the People's Procuracy (VKSND) to file a civil lawsuit to protect the civil rights of vulnerable groups or protect public interests.
Giving her opinion, delegate Phan Thi My Dung (Long An delegation) said that allowing the People's Procuracy to file lawsuits in public civil cases is a new point, which has a great influence on the civil proceedings mechanism.
"VKSND is the plaintiff, representative, or the defense of the rights and participating in the proceedings with legal status? - Delegates raise the problem.
The delegate also asked who will prosecute the litigation activities if the district-level People's Procuracy (in the near future, the regional People's Procuracy) filed a lawsuit, will it assign another prosecutor or the superior People's Procuracy assign the prosecution?
From the above analysis, the delegate proposed to add regulations in cases initiated by the People's Procuracy, the superior People's Procuracy performs the function of prosecuting litigation activities.
In the long term, according to her, we need to aim to identify and build a special mechanism for "public lawsuits" like the model of some countries, where prosecutors have the right to file lawsuits to protect public interests but not at the same time supervise litigation.
Delegate Tran Nhat Minh (Nghe An Delegation) proposed to clarify whether "the person conducting the litigation under the People's Procuracy performing the tasks and powers to file a civil lawsuit in public interest" is suitable for the role of the person conducting the litigation or not?
Because when the People's Procuracy fils a lawsuit, it means participating in a civil case as a plaintiff, that is, a party participating in the litigation.
According to Clause 2, Article 21 of the Civil Procedure Code, in most cases mentioned in Article 3 of the draft Resolution, the People's Procuracy must still participate in the first instance trial to inspect compliance with the law in civil proceedings.
In these specific cases, it is necessary to clearly identify the VKSND as a procedure or a participant in the proceedings, because this issue is directly related to the process of questioning and litigation at the trial, as well as the implementation of the rights and obligations of the involved parties and the mission of the VKSND representative at the trial.
For example, Article 262 of the Civil Procedure Code stipulates that the speech of the Prosecutor at the debate session is taken "after the participants in the debate have made a speech and responded".
Thus, as both a plaintiff and a prosecutor, what will be the order of participating in the debate at the trial of the People's Procuracy?
Delegate Tran Nhat Minh also said that it is necessary to clearly define the implementation of duties and powers of debate and express opinions at the trial of prosecutors, as stipulated in the draft Resolution, to ensure clarity, transparency and not create overlap in litigation functions.
Explaining this issue, Chief Prosecutor of the Supreme People's Procuracy Nguyen Huy Tien said that the People's Procuracy has the function of participating in litigation and prosecution of trial and judicial activities. This is to ensure the trial and issuance of judgments is transparent, objective, fair and human rights.
Mr. Nguyen Huy Tien compared this to " seeing with the naked eye" and did not affect the result because the Court was the one who decided and made the final verdict.
