What decisions to apply judicial measures are there? What are the contents and procedures for implementing decisions to apply judicial measures in Vietnam?
- What decisions to apply judicial measures are there?
- What are the contents and procedures for implementing decisions to apply judicial measures in Vietnam?
- Which agencies are tasked to execute judicial measures in Vietnam?
- What are the procedures for execution of the measure of sending minor offenders to a reformatory?
What decisions to apply judicial measures are there?
Pursuant to Clause 1, Article 132 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating as follows:
Decisions to apply judicial measures
1. Decisions to apply judicial measures include:
a) Decisions of courts or procuracies to apply the measure of compulsory medical treatment;
b) Judgments or decisions of courts to apply the measure of sending minor offenders to a reformatory.
Thus, decisions to apply judicial measures include:
- Decisions of courts or procuracies to apply the measure of compulsory medical treatment;
- Judgments or decisions of courts to apply the measure of sending minor offenders to a reformatory.
What decisions to apply judicial measures are there? What are the contents and procedures for implementing decisions to apply judicial measures in Vietnam?
What are the contents and procedures for implementing decisions to apply judicial measures in Vietnam?
Pursuant to Article 132 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the contents and procedures for implementing decisions to apply judicial measures are as follows:
The contents of the decision to apply judicial measures must clearly state, including:
- The name of the agency and full name and position of the decision maker;
- Full name, date of birth and place of residence of the person subject to the judicial measure;
- Name of the agency responsible for the execution.
In addition, within 3 working days after issuing a decision, the issuing agency shall send such decision to the following individual and agencies:
- The person subject to the judicial measure or his/her lawful representative;
- The same-level procuracy, in case the decision is issued by a court;
- The criminal judgment execution agency of the district-level police office of the place in which the person subject to the judicial measure resides;
- The mental hospital, in case of compulsory medical treatment;
- The agency which has requested the court or procuracy to apply the measure of compulsory medical treatment.
Which agencies are tasked to execute judicial measures in Vietnam?
Pursuant to Article 133 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating as follows:
Agencies tasked to execute judicial measures
1. Health facilities tasked to compulsory medical treatment of mental diseases shall provide medical examination and treatment for the person subject to compulsory medical treatment.
2. Reformatories shall execute the judicial measure of education in reformatories.
According to the above regulations:
- Health facilities tasked to compulsory medical treatment of mental diseases shall provide medical examination and treatment for the person subject to compulsory medical treatment.
- Reformatories shall execute the judicial measure of education in reformatories.
What are the procedures for execution of the measure of sending minor offenders to a reformatory?
Pursuant to Article 141 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating the procedures for execution of the measure of sending minor offenders to a reformatory as follows:
- Within 3 working days after issuing a judgment or decision to apply the measure of sending a minor offender to a reformatory, the court shall send such judgment or decision to the minor or his/her representative and the criminal judgment execution agency of the district-level police office of the place in which he/she resides.
- Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
- Within 3 working days after receiving the court judgment or decision, the criminal judgment execution agency of the district-level police office of the place in which the minor resides shall report such to the criminal judgment execution management agency of the Ministry of Public Security for issuance of a decision to send him/her to a reformatory.
- Within 5 working days after receiving the decision of the criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution agency of the district-level police office shall compile a dossier and hand over the minor to the reformatory. Such a dossier comprises:
+ A copy of the legally effective court judgment;
+ The decision to send the minor to a reformatory;
+ The minor's resume certified by the commune-level People's Committee;
+ The personal identification statement;
+ Other relevant documents.
- Upon receiving the person subject to the measure of sending to a reformatory (below referred to as reformatory inmate), the principal of the reformatory shall examine the dossier and make a report on the handover and receipt and offer medical check-ups for reformatory inmates.
Within 5 working days after receiving the reformatory inmate, the principal of the reformatory shall notify the receipt of the reformatory inmate to his/her parents or lawful representative.
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