The Resolution pilots the handling of evidence and seized, detained, distrained, or frozen assets during the process of handling crime information, initiating prosecution, investigation, indictment, and trial of criminal cases under the direction of the Central Steering Committee for Corruption, Wastefulness, and Negative Behavior Prevention and Control.
The recently passed Resolution outlines five measures for handling evidence and assets, including four groups of measures applicable to already seized, detained, distrained, or frozen evidence and assets.
The Resolution clearly states that the measure of returning money to the victim or depositing it in a bank pending processing will be implemented. Specifically, in cases where the evidence or assets are money that has been seized, detained, or frozen and the owner has been clearly identified, the prosecuting agency shall decide to return the money to the victim in the order and proportion specified in the law on civil judgment enforcement.
Representatives voting to pass the resolution. Photo: QH |
The decision to return money to the victim shall be sent to the credit institution or State Treasury managing the temporary holding account or executing the account freeze order.
The Resolution also stipulates the measure of providing a security deposit to lift the seizure, detention, distrainment, or freeze of evidence or assets. The security deposit amount must not be lower than the value of the evidence or assets as per the asset valuation conclusion.
Once the security deposit is paid into the account, the prosecuting agency shall decide to lift the seizure, detention, distrainment, or freeze measures previously applied. The person to whom the assets are returned is responsible for preserving the evidence or assets during the management, exploitation, and utilization process.
The Resolution also outlines the measure of selling and transferring evidence or assets and handling the proceeds from such sales or transfers.
The organization or individual purchasing or receiving the transferred evidence or assets must transfer the entire amount from the sale or transfer into the account of the prosecuting agency opened at a commercial bank where the State holds more than 50% of the charter capital.
After the money is transferred into the account, the prosecuting agency shall decide to lift the seizure, detention, distrainment, or freeze measures previously applied.
The Resolution also clarifies the measure of handing over evidence or assets to the legal owner or manager for management, exploitation, and utilization.
The organization or individual entrusted with the management, exploitation, and utilization must preserve the evidence or assets and must not sell, transfer, mortgage, pledge, substitute, destroy, or intentionally damage the said evidence or assets.
The Resolution also mentions the measure of temporarily suspending transactions and halting the registration and transfer of ownership or usage rights of assets.
Accordingly, when there are grounds to believe that it is necessary to prevent the accused from disposing of or destroying assets related to the case, the prosecuting agency may apply measures to temporarily suspend transactions and halt the registration and transfer of ownership or usage rights of those assets.
This Resolution shall take effect from January 1, 2025, and shall be implemented for three years, unless the National Assembly decides otherwise. This Resolution shall not apply to criminal cases that have already been resolved or have a court judgment or decision.
Quang Phong
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