Nghị quyết 96/2015/QH13

RESOLUTION

PROMOTING MEASURES FOR PREVENTING AND AVOIDING CRIMINAL INJUSTICE AND MISJUDGMENTS AND COMPENSATION FOR VICTIMS SUFFERING INJUSTICE IN CRIMINAL PROCEDURE

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on supervisory activities of the National Assembly No. 05/2003 / QH11;

Pursuant to the National Assembly’s Resolution No. 74/2014 / QH13 on the program of supervisory activities of National Assembly in 2015;

Considering the Standing committee of the National Assembly’s Report on the supervision result No. 870 / BC-UBTVQH13 dated May 20, 2015 on "Injustice in the application of criminal law, criminal procedure and the compensation for victims of injustice in criminal procedures as prescribed by law “and opinions given by the National Assembly deputies,

HEREBY RESOLVES:

Article 1

National Assembly recognizes, highly appreciates the efforts of investigating Agency, agencies assigned to conduct some investigation, Procuracy and Courts at all levels in the investigation, prosecution and trial which basically ensure that the verdicts are delivered to the right people in accordance with their crime and the law. However, there are still a number of cases of injustice including serious cases, causing a sensation in the public opinion; there are some cases in which compensation is slowly paid to for victims of injustice. Preventing and avoiding criminal injustice and misjudgments are still limited and inadequate compared to the requirements for fighting against crime, protection of human rights, lawful rights and interests of citizens.

Article 2

To create a fundamental change without any injustice and to ensure compensation for the victims of injustice in criminal procedures, the National Assembly assigns the Government, the Supreme People’s Court, the Supreme People’s Procuracy to implement the following tasks and measures:

1. Direct the investigating Agency, Procuracy and Courts at all levels to continue to promote the achieved outcomes, thoroughly grasp the resolutions of the communist Party and the National Assembly on judiciary, provisions of Constitution on human rights, citizenship, ensuring the right to counsel of the accused and the trial proceedings; strictly abide by the law in criminal procedures; promptly vindicate the victims of injustice, pay compensation for the victims in accordance with the law when the injustice is determined; handle strictly the people committing violations, consider responsibility for paying money of the person on duty who caused damage under the State’s Law on Compensation Liability; handle the head of the agency causing injustice, extorting, imposing corporal punishment.

2. Direct the investigating Agencies at all levels to actively investigate and promptly discover offenses; apply preventive measures accurately to minimize the cases of criminal temporary custody which are then transferred to administrative sanctions; do not extort or impose corporal punishment; do not let death caused by suicide, death caused by fighting among suspects in detention facilities, specify the responsibilities of direct management staff and the head of the facilities. During the investigation, preparing documents relating to cases must comply with the laws, collect, assess fully and objectively the incriminating evidence, exonerating evidence in order to determine the facts of the cases; remedy the injustice of innocent people due to the criminalization of economic, civil relations,; regulate the right to suspend the investigation inconsistent with the law to prevent and avoid injustice or leaving untried crimes; create favorable conditions for the lawyers to participate in cases as prescribed by law.

Direct agencies assigned to conduct some investigating activities in strict implementing the procedural competence prescribed by law; remedy the situation of leaving untried crimes due to administration of criminal ties, improve the quality of investigation of cases under their competence and ensure no injustice.

The Ministry of Public Security shall complete and promulgate the specific guidance on the process of investigation of cases, scene examination, post-mortem examination, especially for murder, rape without being caught red-handed; continue to implement effectively measures to combat extortion, use of corporal punishment. Pursuant to the provisions of the Criminal Procedure Code, assign the investigating Agency, the Ministry of Public Security to handle cases of which verdicts announcing that defendants are sentenced to life imprisonment or to death are set aside by the Council of Judges of the Supreme People's Court for re-investigation.

3. Direct the Procuracy at all levels to strictly implement the provisions of the law on exercising the right to prosecution associated with the investigation and control of judiciary activities; cooperate closely and promptly with the investigation competent authorities in handling of crime; ensure that the arrest, custody, detention, prosecution are carried out based on evidence and made with right people, crime in accordance with the law without any injustice; remedy the shirking responsibilities, agreement with investigating Agencies in classifying and handling cases; regulate the suspension of investigation or cases inconsistent with the law; increase the responsibility of prosecution, proceedings of prosecutors in the trial of criminal cases; timely process complaints and denunciations, especially petitions, complaints against extortion, use of corporal punishment.

4. Direct Courts at all levels to strictly implement the provisions of the law on judicial power and duty to protect justice, protect human rights, ensure litigation in trial, continue to improve the quality in trial of criminal cases, ensure that the criminal verdicts are delivered for right persons, right crimes in accordance with the law without any cases where innocent people are sentenced unfairly or crime are left untried; resolutely declare the accused innocent if there are no evidence; rectify and remedy cases of too heavy or too light sanctions of the accused, delivering verdict of probationer inconsistent with the law, especially for the accused of economy, position and corruption.

the Supreme People’s Court intensifies the consolidation of experience of trial and provides guidance on law uniform; take charge and cooperate with the Supreme People’s Procuracy, the Ministry of Public Security o continue to review, consider, and process complaints, especially petitions of persons sentenced to 20 years in prison, life imprisonment, or death; if there is a legal basis, must consider in the order of cassation trial, review for criminal verdicts and decisions that have taken effect to ensure that there is no injustice.

5. the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court according to their functions and tasks direct the competent authorities to complete the investigation soon, conduct the reprosecution, retrial for cases of which verdicts are set aside by the Council of Judges of the Supreme People's Court for reinvestigation; urgently handle the cases of which prescribed time was up, handle the cases lasting longer than 5 years and other cases interested by public opinion, constituents; vindicate and timely pay compensation for persons suffering injustice; adopt effective solutions to increase the providing education of political thought, professional ethics, improve professional knowledge and increase task responsibilities of Investigators, Procurators and Judges; Dismiss officers who have bad ethics and professional knowledge and skills; consider, transfer payroll appropriately to localities where there are many cases to avoid work pressure leading to injustice, left untried crime.

6. The Vietnam bar Federation cooperates closely with the Ministry of Justice in training, development of the lawyers, enhancing professionalism and professional ethics of lawyers; supervise lawyers in the law-abiding, good implementation of responsibility to counsel, provide legal service, especially in the case of counsel at the request of the competent authority in proceedings.

7. The Ministry of Health, the Ministry of Public Security, the Ministry of Justice and relevant Ministries, departments strengthen the management, training of staff to improve the quality of forensic examination, , mental forensic assessment, assessment of finance, banking, construction, transport, ...; complete and issue the procedures and regulations on assessment in such fields, create a reliable basis for competent authority in proceedings to consider and decide on the criminal prosecution.

8. the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and relevant Ministries, departments within the scope of their responsibilities urgently review and study to amend and supplement the issued documents guiding the legislation on criminal, criminal proceedings; at the latest in December, 2015, completion the amendment to Joint Circular No. 17/2007 / TTLT-BCA-VKSNDTC-TANDTC-BTP dated December 24, 2007 of the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Justice providing guidance on assessment of content of drugs in substances suspected of drugs and the Supreme People’s Court’s Document No. 234 / TANDTC dated September 17, 2014 requesting the local Courts to assess the content of drugs in substance suspected of drugs when conducting trials of drug cases; Joint Circular No. 05/2012 / TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNNPTNT dated November 11, 2012 of the Supreme People’s Procuracy, the Supreme People’s Court, the Ministry of Public Security, the Ministry of Justice, the Ministry of Defence, the Ministry of Finance, the Ministry of Agriculture and Rural Development providing guidance on compensation for damage in conformity with the Criminal Code, the Law on compensation liability of the State and investigation, prosecution and trial; request National Assembly for amendments and supplements to relevant provisions of law to prevent injustice and promptly compensate for the victims of criminal procedures.

9. The Government provides funding to upgrade facilities for investigation, scene examination, judicial expertise, especially equipment of recording, video recording to record evidence to prevent extortion, use of corporal punishment; have roadmap, detailed plan for timely upgrading of detention facilities that have seriously degraded or are overloaded; continue to invest in facilities of judicial authorities, firstly judicial authorities that still must rent their offices.

Article 3

The Government, the Supreme People’s Court, the Supreme People’s Procuracy within their tasks and powers effectively implement this Resolution and annually report on the results of implementation to National Assembly.

Article 4

The Standing committee of the National Assembly, the Judiciary Committee, the Ethnic Minority Council and other Committees of the National Assembly, the delegation of the National Assembly, National Assembly deputies, People's Councils within their tasks and powers supervise the implementation of this Resolution.

This Resolution was approved in the 9^th session of the National Assembly of the Socialist Republic of Vietnam, term XIII on June 26, 2015.