Discussing draft law on judicial assessment

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Nhân dân English - 36 month(s) ago 3 readings

Discussing draft law on judicial assessment

Nhan Dan - The 13th National Assembly on its 23rd working day, November 21, discussed the draft Law on Judicial Assessment.

A majority of deputies agreed with the need to promulgate the Law on Judicial Assessment in order to resolve current limitations and inadequacies and create a legal basis for judicial assessment to improve the quality of procedures and ensure that court decisions are timely, objective and lawful.

Many deputies expressed the opinion that judicial assessment plays a supplementary role to criminal, civil and administrative activities. These fields are adjusted by many different laws in accordance with different principles, competencies and procedures. Therefore, the specific contents of the Law on Judicial Assessment should be in line with existing regulations and avoid overlapping with the Criminal and Civil Procedural Codes and the Code of Administrative Procedures.

Regarding the draft law's contents, some deputies agreed with Articles 1 and 24 that would give parties in civil and administrative cases the right to ask for forensic examinations, saying this would help protect the rights and legitimate interests of the parties involved and it was also consistent with the spirit of judicial reform under Resolution No.49/NQ-T.U. However, others said lawmakers need to examine the advantages and disadvantages of these provisions, suggesting that it would increase litigation times and negatively impact the interests of parties in the case.

The deputies also debated whether to abolish provincial police forensic medical examination teams, which are not covered under Article 13 of the draft law.

Many deputies agreed with Article 13, which regulates public forensic examination institutions including the National Institute of Forensic Medicine under the Ministry of Health, forensic examination centres under the provincial and municipal health departments, the Institute of Forensic Medicine under the Ministry of Defence and the Centre for Forensic Medical Examination at the Academy of Criminal Science under the Ministry of Public Security. It was suggested that forensic examinations should be conducted by the forensic examination centres under provincial health departments.

However, many said that the provincial police forensic teams should not be eliminated, saying that these teams have worked hard and fullfilled their tasks, contributing to solving many complicated and serious cases in the provinces.

The deputies also discussed allowing private individuals and non-State organisations to participate in forensic examinations.

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