Kinhtedothi - On the morning of November 28, at the 8th Session, the National Assembly passed a Resolution on piloting the handling of evidence and assets during the investigation, prosecution and trial of a number of criminal cases with many measures.
Accordingly, the Resolution stipulates the pilot handling of evidence and assets seized, temporarily detained, seized, or frozen during the process of handling information about crimes, initiating, investigating, prosecuting, and trying criminal cases and cases under the supervision and direction of the Central Steering Committee on preventing and combating corruption, waste, and negativity.
Evidence and assets subject to handling under the provisions of Clause 3, Article 106 of the Criminal Procedure Code are not within the scope of this Resolution.
The Resolution applies to the following subjects: agencies conducting proceedings, persons conducting proceedings according to the provisions of the Criminal Procedure Code; Persons participating in proceedings according to the provisions of the Criminal Procedure Code; Other relevant agencies, organizations and individuals.
The implementation principle is to respect, protect and ensure human rights and civil rights; ensure the basic principles of criminal law, civil law, criminal procedure law, civil procedure law, and civil judgment enforcement.
At the same time, it meets practical requirements, promptly and effectively handles evidence and assets without affecting the proof and resolution of cases and lawsuits; promptly overcomes the consequences of damage, puts assets into exploitation and use to unlock development resources, avoids loss and waste; ensures the interests of the State, the rights and legitimate interests of organizations and individuals; and is consistent with international treaties to which the Socialist Republic of Vietnam is a member.
The Resolution also clearly stipulates five measures for handling evidence and assets, including: returning money to the victim or depositing money in a bank pending processing; depositing a security deposit to cancel the seizure, temporary detention, attachment, or freezing of evidence and assets; buying, selling, transferring evidence and assets and handling proceeds from the sale and transfer; handing over evidence and assets to the legal owner or manager for management, exploitation, and use; temporarily suspending transactions, temporarily suspending registration, and transferring ownership and use rights of assets.
Income arising from the handling of evidence and assets as prescribed in this Resolution shall be handled in accordance with the judgment and decision of the Court. The authority, order and procedures for deciding on the application and cancellation of measures to handle evidence and assets; disputes over ownership of evidence and assets to which handling measures have been applied shall be resolved in accordance with the provisions of the law on civil proceedings...
This Resolution takes effect from January 1, 2025 and is implemented for 3 years, unless otherwise decided by the National Assembly.
This Resolution does not apply to criminal cases or cases that have been decided or court judgments or decisions that have come into legal effect before the effective date of this Resolution.
Source: https://kinhtedothi.vn/thi-diem-5-bien-phap-xu-ly-vat-chung-tai-san-trong-qua-trinh-dieu-tra-vu-an-tham-nhung.html
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