Judicial measures - Return of property, repair or compensation for damages under the Penal Code 1999

3.3.4. Strengthen international cooperation in recovering illegally appropriated or used assets

International cooperation in the judicial field is increasingly focused on and is an objective need for every country in the context of extremely rich globalization. The government of each country, using different support tools, carries out appropriate measures in parallel with economic development, protecting the assets of economic sectors and of all citizens regardless of which country the assets are located in. To do that, first of all, Vietnam needs a complete legal framework to serve as a legal basis for recovering assets illegally appropriated or used by criminals.

Currently, we have legal documents regulating the recovery of criminal assets in general such as: State Bank Law 1997, Credit Institutions Law 1997, Insurance Business Law 2000, Anti-Corruption Law 2012; Decree No. 74/2005/ND-CP of the Government dated June 7, 2005 on anti-money laundering; Decree No. 37/2007/ND-CP of the Government dated March 9, 2007 on transparency of assets and income... Mutual legal assistance agreements with ASEAN countries and other countries in the world such as Korea, Russian Federation.

However, in reality, cases where assets are illegally appropriated or used by criminals with foreign elements often encounter difficulties in recovering them and returning them to the legal owner or manager. Therefore, in our opinion:

- First of all, it is necessary to legalize this issue in the Criminal Procedure Code and the Law on Judicial Assistance.

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- The Government shall strengthen negotiations, sign and prioritize the application of judicial assistance agreements that Vietnam has signed with the content of recovering assets appropriated or used by criminals with foreign elements on the principle of reciprocity.

CONCLUDE

The judicial measure of "Returning property, repairing or compensating for damages" is one of the criminal enforcement measures to effectively support punishment and accounts for a high proportion in the process of law enforcement.

In the process of implementing the topic, the author tried to systematically solve the basic problems of this measure, and compared it with some other types of economic penalties and judicial measures to distinguish them and clarify the content of the measure "Returning property, repairing or compensating for damages".

However, through the study of the application of this measure in Thai Binh province in the past 5 years (2009 - 2013), it is shown that besides the strengths, there are still certain limitations in the process of investigating issues related to the misappropriated property that have not been clarified, leading to the property not being returned to the owner, or cases where the compensation level, compensation method and compensation basis are not accurate... With these limitations, the effectiveness and value of the judicial measure "Returning property, repairing or compensating for damages" in the process of resolving civil liability issues in criminal cases have not been fully promoted. Based on the study of the causes leading to the existence and limitations, the author has made some recommendations to further improve the effectiveness of applying this measure in practice. In addition to perfecting the law and strengthening legal education and propaganda for the people, the issue of improving the capacity of judicial officers, focusing on investment, attracting judicial officers with solid professional skills, bright ethics and dedication to the profession is also an important solution.

This is a fairly new and complex issue, the author has completed it with reference to some articles in magazines. However, in some related contents, it is inevitable that there are different opinions, the author hopes to receive many comments to make the thesis more complete.

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