Decision 96/2015/qh13: On Strengthening The Crime Prevention Measures, And Ensure Compensation For The Victims Of Criminal Activity

Original Language Title: Nghị quyết 96/2015/QH13: Về tăng cường các biện pháp phòng, chống oan, sai và bảo đảm bồi thường cho người bị thiệt hại trong hoạt động tố tụng hình sự

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CONGRESS
Number: 96 /2015/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 26, 2015

THE RESOLUTION.

In terms of strengthening defense, anti-false, false and restitution guarantees

for the person who was damaged in criminal proceedings.

_________________

CONGRESS
THE SOCIALIST REPUBLIC OF VIETNAM.

The Constitution of the Socialist Republic of Vietnam.

The National Assembly's supervising law base. 05 /2003/QH11;

Base of Resolution. 74 /2014/QH13 of the National Assembly of the National Assembly ' s Supervisor Action Program in 2015;

On the basis of a review of the 870/BC-UBTVQH13 monitoring results report on 20 May 2015 of the Standing Committee of the National Assembly on "The Situation, false in the application of criminal law, criminal proceedings and damages to the wronged persons in operation". the criminal proceedings under the rule of law " and the opinions of the members of Congress,

DECISION:

What? 1

The National Assembly noted, assessing the attempted, positive, and active agencies of the Investigative Body, tasked with conducting a number of investigative activities, the Research Institute and the Courts of Superiors In Investigation, prosecution, trial; the basis of the right warranties, Guilty, legally. However, there are still some cases of false, false, serious cases, and there are some instances of delays for the person suffering from damage. Compared to the anti-crime, anti-crime, human rights, and the legal rights of citizens, the defense, the anti-criminal, the wrong, and the wrong.

What? 2

To create a radical transformation, not to cause false, false and secure compensation for the person to be damaged in criminal proceedings, the National Assembly of Government, the Supreme People's Court, the Supreme People's Control Institute for a number of tasks, the measure. The following:

1. The Executive Director, the Institute of Examination and the Court of Subordination to continue to develop the results achieved, the Party of the Party's resolutions, the Congress of the Congress of Justice, the provisions of the Constitution on human rights, citizenship, of guarantees. The right to the defense of the accused and the litigation of the trial; the strictest law in criminal proceedings. When it is determined that there is an error, it must be clear to exonerate the accused, compensated for the person suffering from the rule of law; serious treatment of the wrong person, considering the responsibility of the return to the execs of the operation. harm under the State of the State for compensation; handling the responsibility of the head of the head of the body causes the false, false, to take the bow, to use the image.

2. The Agency for the Agency to investigate the active, active levels of investigation, timely discovery of the types of crime; to apply the correct deterred measures to minimize the arrest, penal circumstances that then transfer administrative treatment; not to happen to the bow, using the humiliation; not to be killed by suicide, death by the intervening agent at the detention facility and clarify the responsibility of the direct cadet of management and the head of the facility. The process of investigation, a case filing must comply with the law, collect, fully evaluate, objectify the evidence, testify to the truth to determine the truth; rectify the innocence of innocent people due to the criminalization of civil, economic; trauma. The suspension of the suspension of the investigation is not legal to avoid false, false, or criminal charges; faciliteward of the law to participate in cases under the law.

The commander of the agencies was assigned to conduct a number of operations investigating serious exercise jurisdiction due to the law; rectify the criminalization of criminal charges, raising the quality of the investigation into the jurisdiction, the protection of the authorities. No, no, no, no, no, no.

The Ministry of Public Safety is soon to be completed, issuing specific guidance on the process of investigating the types of cases, on the examination of the scene, the autopsy, especially for murder cases, attempted rape; continued deployment of anti-radiation measures. Bow, use of shame. The regulatory base of the Criminal Procedal Code, which is required for the Agency to investigate the Department of Public Security, address the cases in which the Supreme Court of the People's Court of Justice destroys the sentence with the law to sentence the defendant to a prison sentence or death penalty to investigate. Again.

3. The director of the Institute for the Strictest Examination of the law enforcement practices on the practice of law enforcement attached to the operation of judicial activity and examination of judicial activity; in close coordination, in time with the authorities with authority to investigate in criminal processing; insurance. The prosecution, arrest, arrest, detention, the prosecution, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the right, the one in the right place with the Census, handling the case. The suspension of the investigation, suspended the wrong case of the law; increased the responsibility of the prosecution, the litigation by the Auditor at the trial. The criminal case; in time to solve the complaint, denouncing, the most is the order for the crime, the prosecution of the bow, the use of the image.

4. Directed the Tribunal for the strictest implementation of the laws of judicial rights and the duty of protection of justice, protection of human rights, warrants of the trial, continue to raise the quality of criminal cases, ensuring the sentences, decisions, and decisions. The criminal, the right, the right, the right, the right, the right, the right, the right. Too mild to be accused of suspended sentences, especially for defendants of economic crime, office, corruption.

The Supreme People 's Court strengthened the overall trial of trial and guidelines imposed by law; presiding, in coordination with the Supreme People' s Examination Institute, the Ministry of Public Security continued to scrutinate, review, addressing the end of the complaint complaint filed. The sentence of the condemned was sentenced to 20 years ' imprisonment, life imprisonment, death penalty; if the legal base had to be reviewed by the judge's self-judge, retrial on the verdict, the criminal decision had been made in law, uncleared, false.

5. The Ministry of Public Security, the Supreme People 's Examination Institute, the Supreme People' s Court in function, its mandate to direct the competent authorities soon to end the investigation, giving the prosecution, retrial on the cases in which the Supreme Court of the People ' s Court of the Supreme Court. It has canceled the verdict of the legal effect to reinvestigate; it is urgent to solve cases that have been too limited to the law, handling the termination of cases that have lasted for five years and a number of other cases that are public opinion, the voters of interest; exonerate and solving timely compensation. The time for the wronged person to have a claim for damages; there is an effective solution that enhists political ideology, career ethics, advanced education. The degree of expertise, a career and a job responsibility for the team of investigators, audits, judges, judges; to be determined to remove from the apparatus of weak and ethical cadres; consider, run the appropriate border for the local community. There ' s a lot of cases, avoiding too many of the work that leads to the wrong, false, unorganized crime.

6. Vietnam Bar Federation coordination closely with the Ministry of Justice in training, rapid development of the team of lawyers, raising the professional and professional ethics of the lawyer; supervising lawyers in adhering to the law, performing well in charge of the law. Defense, the provision of legal services, especially for those who are required to justify the requirements of a given organ.

7. Ministry of Health, Ministry of Public Security, Ministry of Justice and ministries, the related sector strengthening management work, training of cadres to enhance the quality of medical examiner work, mental health examiner, financial examiner, bank, construction, traffic ...; and early on. To complete, process procedures, regulations, regulations in these areas, provide a reliable basis for the authority of the authority to judge, to determine the search for criminal responsibility.

8. The Ministry of Public Security, the Supreme People 's Examination Institute, the Supreme People' s Court and ministries, the relevant sector within its range of responsibility urgently, the revised study, the addition of guidelines that apply the law on the criminal, the criminal proceedings. issued; its slog to December 2015 must complete the revision of the Digital Federal Information 17 /2007/TTLT-BCA-VKSNDTC-TANDTC-BTP On 24 December 2007 of the Ministry of Public Security, the Supreme People's Control Institute, the Supreme People 's Court, the Department of Justice guidelines on the monitoring of the drug content in the suspects as drugs and Public Works 234 /TANDTC on 17 September 2014 of the Supreme People' s Court. The Court of Local Courts when the trial of drug cases is forced to have a monitoring of the drug content of the suspects is drugs; the number of people in the United States. 05 /2012/TTLT-VKSNDTC-TANDTC-BCA-BTP-BTC-BNNPTNT 02/11/2012 of the Supreme People 's Control Institute, the Supreme People' s Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of Defense, Ministry of Finance, Ministry of Agriculture and Rural Development directed on cases of damages, warrants consistent with the Code. The criminal responsibility law of the State and the practice of investigation, prosecution, trial; recommended for the National Assembly to amend, complements the provisions of the relevant law in order to defend, counteract, false, and guarantee compensation in time for the person to be damaged in the operation. Criminal proceedings.

9. The government invested funds to upgrade equipment for investigative work, site testing, judicial examiner, especially recording equipment, recording to record evidence, against the bow, to use humiliation; there was roadmap, concrete plans to make it up to work. an upgrade of the detention facilities has been seriously or overweight on detention; continuing to invest facilities for judicial institutions, first in places still renting, borrowing the headquarters.

What? 3

The government, the Supreme People 's Court, the Supreme People' s Institute in the scope of the mandate, its powers effectively implement this resolution and annually report the National Assembly on the outcome of implementation.

What? 4

The Standing Committee of the National Assembly, the Judiciary Committee, the National Council and the other committees of the National Assembly, the Congress of Congress, the delegate of the National Assembly, the People's Assembly within its mandate, oversaw the implementation of this resolution.

The resolution was held by the National Assembly of the Socialist Republic of Vietnam XIII, the ninth session through June 26, 2015.

President of Congress.

(signed)

Nguyen Gung Xiong