On the afternoon of August 21, the National Assembly Standing Committee conducted questions and answers questions about the second group of fields including 6 fields: Justice; Interior; Security and social order; Inspect; Security Court; Procuracy.
Questioning the Director of the Supreme People's Procuracy (Supreme People's Procuracy), National Assembly Delegate Nguyen Thi Viet Nga (Hai Duong delegation) asked the Director to state the solutions that have been implemented and changes in the prosecution. What is the rule for requesting return of documents requesting additional investigation after implementing the Resolution of the National Assembly Standing Committee?
Chief Procurator of the Supreme People's Procuracy Le Minh Tri affirmed that the return of additional investigation files between prosecution agencies is a measure allowed to be used to prevent injustice and the omission of criminals; However, the problem is that this method needs to be used correctly.
According to the explanation of the Director of the Supreme People's Procuracy, during the process of investigation, prosecution, or trial, if a court or procuracy agency arises new circumstances that change the nature of the case, the file must still be returned for investigation. Additional investigation to avoid injustice and avoid criminals being missed .
Mr. Le Minh Tri said, objectively, crimes are increasingly sophisticated and complex, and legal proceedings cannot keep up with their complex nature such as transnational crimes, high-tech crimes...
Therefore, this leader said that there are problems that have not been foreseen, while we are facing many new difficulties and complications regarding crime, and at the same time must ensure human rights, not unjustly unjustly, not abandoning crimes. criminal.
"Additional investigation is necessary but must not be abused" - Supreme People's Procuracy Le Minh Tri stated.
According to Mr. Le Minh Tri, recently, the 2015 Penal Code and the Criminal Procedure Code have arisen some problems that have not been explained by competent authorities, leading to differences in perception of application. the law of prosecution agencies, especially investigation agencies, prosecutors, and judges.
In procuracy agencies at all levels, there are complex case situations, and assessments and comments still have different opinions. Then the Council of judges at all levels, including the Council of Judges of the Supreme People's Court when making the thesis, also had different opinions.
The Director of the Supreme People's Procuracy said that there is nothing to worry about in returning the additional investigation file in accordance with the law.
Reporting further, Mr. Le Minh Tri said that in recent times, from the heads of the People's Procuracy at all levels to the prosecutors, they have minimized the return of additional investigation files, but if they do not ensure the prevention of injustice and If you let the criminals slip, you still have to pay. This is a technical measure with some cases being too complicated.
"For example, in the case of SCB, Viet A, registry, if we do not return the additional investigation files, we cannot do anything, even if we have circled and separated the case, we still have to return the additional investigation files to have enough time to prove the crime" - Mr. Tri said.
