Continuing the program of the 9th Session, on the morning of June 23, the National Assembly discussed in the hall the draft Resolution of the National Assembly on the mechanism for handling difficulties and problems due to legal regulations.
Minister of Justice Nguyen Hai Ninh spoke to explain and clarify a number of issues raised by National Assembly deputies.
The National Assembly then discussed in groups: Draft Law on Judicial Assistance for Civil Matters; Draft Law on Judicial Assistance for Criminal Matters.
Regarding the scope of criminal judicial equivalent, the bill adds many new points, such as taking statements directly or online; allowing the person conducting the lawsuit of the requested country to be present in the process of performing legal equivalent in the requested country.
Organize for people in the country who are required to come to the requested country to support the investigation or provide evidence; apply legal measures to ensure the confiscation, return, and handling of evidence and assets related to the crime.
The Supreme People's Procuracy (SPP) as the central agency - is responsible for presiding over the assessment and decision to receive or reject requests for mutual assistance from foreign countries on the principle of " giving back and forth".
In case necessary, the Supreme People's Procuracy shall consult the Ministry of Foreign Affairs and relevant agencies to reach a consensus before making a final decision.
Another content is the implementation of criminal assistance between Vietnam and countries sharing borders and the consideration and requirements related to the death penalty.
The draft law has specifically stipulated the consideration of requirements related to the death penalty.
Accordingly, in cases where foreign countries request Vietnam not to apply the death penalty or not to implement the death penalty to carry out the request for mutual assistance, the Supreme People's Procuracy will preside over and coordinate with relevant ministries and branches to issue one of the notices.
Including a notice that the death penalty will not be applied to a person related to the request for support if that person is not eligible for the death penalty as prescribed in the Penal Code.
Notice of not exercising the death penalty for those involved in the request for mutual assistance not falling under the above case after receiving the President's opinion if necessary.
In case Vietnam requests foreign countries not to enforce the death penalty to carry out the request for mutual assistance, the Supreme People's Procuracy requests foreign countries to make a written commitment on this content.
The draft law also stipulates that the Chief Justice of the Supreme People's Procuracy presides over and coordinates with the Chief Justice of the Supreme People's Court, the Minister of Public Security, the Minister of National Defense, the Minister of Foreign Affairs and heads of other relevant agencies to provide detailed instructions on this content.
The draft law also devotes a chapter to regulations on the request for criminal defense equivalent to being sent abroad.
It clearly states the process of receiving, handling requests, and supplementing mechanisms when not receiving feedback from abroad, the Supreme People's Procuracy coordinates with the requesting agency and relevant agencies to agree on the end of mutual assistance.
