Continuing the 8th Session, on the morning of October 30, the National Assembly listened to the presentation of the draft Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases.
According to Director of the Institute of the Supreme People's Procuracy Nguyen Huy Tien, the practice of criminal proceedings shows that there are many difficulties and problems, especially in handling evidence and assets in corruption and economic cases.
Many valuable evidences and assets that have been seized, temporarily detained, seized, or frozen for a long time have not been processed promptly for circulation, causing freezing and wasting resources, affecting the rights and interests of agencies, organizations, businesses, and individuals.
At the same time, there is a lack of measures for the prosecution agencies to implement from the beginning to prevent the transfer and dispersion of assets before there is sufficient basis to apply the measures of seizure and freezing.
The pilot only applies to criminal cases and incidents under the supervision and direction of the Central Steering Committee on Anti-Corruption and Anti-Negative Practices.
The draft resolution ensures the unblocking of resources, resolves urgent issues, and ensures early recovery and maximum value of lost and misappropriated assets.
Regarding measures to handle evidence and assets, Director of Institute Nguyen Huy Tien said that the draft Resolution stipulates 5 measures to handle evidence and assets, including:
First, return the money to the victim or deposit the money in the bank to wait for processing.
Second, deposit a security deposit to cancel the seizure, temporary detention, attachment, or blockade.
Third, allowing the purchase, sale, transfer of evidence, assets and handling of proceeds from the purchase, sale and transfer.
Fourth, hand over evidence and assets to the legal owner or manager for management, exploitation and use.
Fifth, suspend transactions; suspend registration, transfer of ownership and use of assets.
Each measure clearly stipulates the content, conditions of application, authority, and subjects; the fifth measure also clearly stipulates the application period.
For the first 4 measures, the regulations are consistent and consistent, and can only be applied when all 5 conditions are met; if one condition is missing, they cannot be applied.
Firstly, it only applies to the group of evidence and assets: "money, real estate, assets attached to land, valuable papers, securities or equipment, means, materials in production, business, services" because they have great value and are common in cases and lawsuits.
Second, the application must have the consent and proactive request of the people involved, ensuring their property rights, minimizing disputes, complaints, denunciations, and compensation claims.
Third, before deciding to apply, it is necessary to request an appraisal and request asset valuation according to regulations, ensuring objectivity, transparency, maximum recovery, and no loss or loss of asset value during handling.
Fourth, there must be consensus among the investigation agencies, the Procuracy, and the Court before deciding to apply, ensuring that there are no violations, exploitation, or abuse; ensuring consistency in the handling of cases with the Court's decision during the trial.
Fifth, the handling must not affect the proof and proper resolution of the case or lawsuit.
With the fifth measure, this pilot measure aims to prevent the dispersion and transfer of assets related to crimes from the beginning, creating an early step for inspection and verification. When there is sufficient basis and conditions, immediately apply measures of seizure, temporary detention, attachment, and blockade according to regulations.
The Resolution is expected to take effect from January 1, 2025 and be implemented for no more than 3 years.
