The National Assembly Standing Committee has given opinions on the draft Criminal Procedure Code (amended).
According to the Submission of the Supreme People's Procuracy sent to the National Assembly Standing Committee, the development of this law aims to promote judicial reform; improve the effectiveness and efficiency of judicial governance; and ensure the requirements of crime prevention and control in the new period.
At the same time, strengthen power control, prevent wrongful convictions, combat abuse of power and ensure that the handling of crimes is both strict, humane, and convincing.
The amendment of the code also aims to innovate procedural procedures in a more progressive direction, ensuring strengthening adversarial proceedings, strictly controlling power, and better protecting human rights and citizen rights.
Review and inherit regulations that are still appropriate and effective; amend, supplement or abolish regulations that are no longer appropriate...
The draft Code has many new and progressive contents, based on the foundational principles of modern law: fairness, publicity, transparency, efficiency, humanity, in which, there are the following basic new contents:
First, innovate procedural procedures in a streamlined and effective direction.
In which, improving and simplifying the procedure for issuing registration of defenders in the direction of amending the phrase "presenting", replacing "certified copy" with "copy"; omitting some judicial administrative procedures to be regulated in guiding documents for implementation.
Second, innovate procedural procedures to ensure differentiation and leniency in handling crimes.
Promote innovation, unlock resources, pave the way for economic development; create motivation and opportunities for offenders to surrender, confess, honestly confess, and actively cooperate with prosecuting agencies.
In addition, proactively compensate and remedy the consequences; ensure strictness, humanity, and persuasiveness; contribute to shortening the procedural process, accelerating the progress of resolving cases and incidents, ensuring quick and effective crime handling; and improving the efficiency of asset recovery.
Reduce criminal handling, reduce the number of cases to be resolved according to normal procedures; reduce costs and procedural resources; increase publicity and transparency in resolving cases, cases, and handling crimes.
Third, improve the institution of procedural authority; strengthen control of power; better ensure human rights.
Accordingly, it stipulates more clearly, ensuring clear demarcation of authority between levels of prosecution and promoting decentralization of authority to investigators, prosecutors, and judges.
At the same time, ensuring the assignment, coordination, and strict control of power, strengthening the responsibility of subjects and ensuring conformity with the new organizational model of the procedural agency.
Improve the internal control mechanism of competent procedural agencies, the supervision mechanisms of agencies, organizations and people over procedural activities; strengthen the protection of human rights, especially the right to defense of the accused in the process of resolving cases.
Fourth, innovate the methods of criminal proceedings in the direction of implementing electronic and online proceedings.
Fifth, innovate criminal procedures to meet international integration requirements.
And finally, legalize the institutions that have been piloted; amend and supplement criminal procedures to overcome obstacles and inadequacies through practical summaries.
