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(Netluat.phapluattp.vn) - Morning 7-4, Standing vigil Committee of the National Assembly met for comments on the project Penal Code (as amended). A notable as reported by the Judiciary Committee draft "softer" than the people with positions and powers, crime, while general requirements must be strict.
Verification Report of the Judicial Committee of the draft Penal Code (Amendment) by Judiciary vigil Committee Chairman Nguyen Van Hien said presentation: Orientation judicial reform set out requirements vigil to handle more severe vigil for offender who is competent in law enforcement or abuse their positions and powers to commit a crime. Recently, the state whose positions and powers vigil crime while on duty or abuse their positions and powers vigil to commit a crime has caused much annoyance among the people, especially the police beat to death case Traffic offenders, detainees in many localities. This fact requires strict measures to prevent.
However, studies draft Penal Code (Amendment), Judiciary Committee found that while all other criminal groups may have been amended to increase the penalties are more severe offenses that offenders are subject persons holding and powers to amend and supplement towards lighter vigil nature as an offense, and a fine complement, and other penalties remain.
The most obvious evidence that the provisions of Article 134 of the draft sin unintentionally cause injury or harm to the health of others while on duty. Accordingly, any person while on duty to use force beyond the case law to cause injury or harm to the health of another person bodily injury rate of 31% or more of the new fines from 30 million to 100 million, or non-custodial reform for up to three years ...
"To ensure fairness in the application of criminal policy, to ensure deterrence and severely dealt with offenders, the Justice vigil Committee recommended to the crimes that the subject who have positions and powers to be reviewed, revised and supplemented in order to ensure the required treatment and prevention of and fight against crime "- he said time.
In relation to the provisions of the non-implementation of the death penalty for the "after being sentenced to actively overcome the consequences of the crime they have committed, voluntarily surrender to the State for at least half of money and property crime have "(Article vigil 39 paragraph 3 point c Draft), Judiciary Committee has recommended" to consider ".
According to the Justice Committee, vigil if necessary, additional conditions vigil to reduce the death penalty there must be a differentiation, exclude specific objects, avoiding any case tend to be able to "use the money to get the project e ". To ensure uniform application of penal policy, please consider eliminating two groups: the first is guilty of a particularly serious vigil offenses among national security, infringing upon network, vigil the drug-related crime. The second is that offenders are held, offenders have hooligan, dangerous recidivists, who carried out the crime savage, barbaric, brutal or more aggravating circumstances.
Deputy Head of the Central Committee Nguyen Doan Khanh recommends separating the frame into the frame imprisonment own independent and additional penalties do not reduce the sentence to life imprisonment. This penalty vigil applies to the commutation of the death penalty is, pardon dead.
The first view that should keep the current regulations vigil by the investigator, prosecutor, vigil judge only became legal proceeding in the case of the decision of the head of the assignment. Similarly, lawyers, legal assistants, legal representatives only become advocates the agency proceedings were checked and certified to meet the statutory eligibility. Skin
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