[ad_1]
Korean director Jeong In Cheol – Photo: Provided by police
According to the Mutual Legal Assistance Act of 2007, extradition means the transfer from one country to another country for a person who commits a crime or a person convicted of a crime who is on their territory for the transferred country to prosecute for liability penal. execution or execution against that person.
According to lawyer Le Trung Phat (Ho Chi Minh City Bar Association), Vietnam and Korea signed an extradition agreement on September 15, 2003, effective as of April 19, 2005, consequently, Each party agrees to extradite to the other any person present in the territory of their country of origin who requests to proceed with the prosecution, trial or execution of the sentence for an extraditable offense.
A person extradited under this Agreement who commits a crime may be imprisoned for a period of one year or more or more in accordance with the laws of both parties at the time of the escort request. degree.
In addition, this Agreement also contains provisions on mandatory denial of extradition, in which the party from whom extradition is requested may refuse to do so if the offender from whom the extradition is requested constitutes a serious crime. treatment.
Lawyer Phat said that the murder of the corpse packed in the suitcase that shocked public opinion was not a political crime, so the Korean side has the right to request extradition.
But nevertheless, Vietnam can also refuse this extradition under the provisions of article 4 of the agreement, because all these crimes have been committed on the territory of Vietnam.
As such, at this time, the Vietnamese Penal Code and Criminal Procedure will apply to carry out investigation, prosecution and adjudication.
According to lawyer Nguyen Kieu Hung (Ho Chi Minh City Bar Association), Article 5 of the Penal Code of 2015, as amended in 2017, stipulates that the Penal Code applies to all crimes committed in the territory. Vietnamese territory.
However, for a foreigner who commits a crime on Vietnamese territory he is entitled to diplomatic or consular immunity under Vietnamese law, international treaties to which Vietnam is a signatory or according to national custom. The question of their criminal responsibility is resolved in accordance with the provisions of said international treaty or international practice; In the event that said international treaty does not stipulate or does not have international practice, your criminal responsibility will be resolved through diplomatic channels.
In the case of the Koreans who killed their compatriots in District 7, the crime was committed on the territory of Vietnam. However, Jeong In Cheol is a Korean who between Korea and Vietnam has signed an extradition agreement or mutual legal assistance agreement. Therefore, if Korea has an extradition request Jeong In Cheol, Vietnam may consider extradition.
If Korea does not request extradition, prosecution and adjudication Jeong In Cheol will be run by the Vietnamese judicial authorities.
Similarly, tIn the absence of an international treaty on mutual legal assistance between Vietnam and a foreign country, legal assistance activities will be carried out on the principle of reciprocity, but not against Vietnamese law, in accordance with the law and international practice.
