Property valuation in criminal proceedings plays an important role in determining the nature and extent of each specific crime, thereby determining the exact penalty frame and level of punishment to be applied.
1. What is property valuation in criminal proceedings?
Property valuation means a competent state agencys decision to determine an assets monetary value and a written request for valuation by a competent authority to settle a criminal case at a given moment in time. determined.
According to Article 215 of the Criminal Procedure Code, during the settlement of a criminal case, when it is deemed necessary to determine the value of property related to the settlement of the criminal case, such as penalty frame, penalty decision, etc., the agency competent to conduct the proceedings shall issue a written request for asset valuation.
A written request for property valuation has the following contents:
- Name of the agency requesting valuation; full name of a person competent to request valuation;
- Name of the Property Valuation Council requested;
- Information and characteristics of the asset to be valued;
- Name of the relevant document (if any);
- Contents of request for asset valuation;
- Date, month, and year of the request for asset valuation, the time limit for returning asset valuation conclusion.
The valuation requesting agency must deliver or send a written request for asset valuation, dossiers, and objects of the request for asset valuation to the requested asset valuation council, and at the same time send a written request for valuation. assets to the competent Procuracy to exercise the right to prosecute and supervise the investigation within 24 hours from the date of issuing a written request for asset valuation.
2. What is the time limit for participating in asset valuation in criminal proceedings?
- Regarding the time limit for asset valuation: The asset valuation and return of asset valuation conclusions shall comply with the time limit stated in the written request for asset valuation.
If it is not possible to proceed within the requested time limit, the Property Valuation Council must promptly notify the agency or person who requested the valuation in writing, clearly stating the reason.
- The property valuation is conducted by the Property Valuation Council. The asset valuation meeting may be held at the place where the property is valued or at another place under the decision of the Property Valuation Council.
Investigators, procurators, and judges may attend the asset valuation meeting but must notify the Property Valuation Council in advance. Upon obtaining the consent of the Property Valuation Council, they have the right to give opinions.
3. In which case the property must be revalued?
Property revaluation is regulated in Article 218 of the Criminal Procedure Code. Accordingly, the following cases are subject to asset revaluation, including:
- There is doubt about the first valuation conclusion made when the competent procedural authority has sufficient grounds to doubt the above conclusion.
- There is a conflict between the initial valuation conclusion and the re-valuation conclusion on the price of the asset to be valued, which is made when the following conditions are simultaneously satisfied:
+ The conclusion of the re-valuation is different from the conclusion of the initial valuation when the initial valuation and re-valuation both comply with the principles, order, and procedures of valuation; properly apply information and characteristics of assets to be valued and content of valuation requests;
+ The agency competent to conduct proceedings continues to have sufficient grounds to doubt the revaluation conclusion.
In addition, Article 21 of Decree 30/2018/ND-CP also stipulates the following cases which are not subject to asset revaluation:
- The Valuation Council has not followed the correct order and procedures for valuation or has not reached a conclusion on the price of the asset to be valued; or a member of the Council is not allowed to participate in asset valuation in one of the following cases;
- There is a change in information and characteristics of the property to be valued or a change in the content of the valuation request upon a written request from the agency competent to conduct legal proceedings;
- The valuation of assets for the cases specified at Points a and b of this Clause shall be carried out as in the case of initial valuation.
Source: luatvietnam.vn
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