07:46 | 23/07/2024

Conditions for Prisoners to Meet Their Spouses in the Conjugal Room. What are the Procedures for Registering to Visit Prisoners in the Conjugal Room?

I would like to ask about the conditions for an inmate to meet their spouse in the conjugal room? - question from Mr. Huan (Bac Giang)

What is a "Buong Hanh Phuc"?

Based on the provisions of Clause 1, Article 52 of the 2019 Law on Execution of Criminal Judgments as follows:

Regime of meeting and receiving gifts for inmates

1. Inmates are allowed to meet with relatives once a month for no more than one hour per meeting. Based on the results of the inmate's performance evaluation, educational and reformation requirements, labor and study achievements, the prison warden, the detention center warden, or the head of the district-level criminal judgment execution agency may decide to extend the meeting time but not exceed three hours, or allow a meeting with the wife or husband in a private room for no more than 24 hours. Inmates who receive commendations or make contributions are allowed to meet their relatives one additional time per month.

Inmates who violate the regulations of the detention facility will only be allowed to meet their relatives once every two months, each meeting not exceeding one hour.

According to the above regulations, a "Buong Hanh Phuc" is a private room where inmates can meet their spouses.

The meeting time in a "Buong Hanh Phuc" is no longer than 24 hours.

What are the conditions for inmates to meet their spouses in a "Buong Hanh Phuc"? What are the procedures for registering to meet inmates in a "Buong Hanh Phuc"?

Conditions for inmates to meet their spouses in a "Buong Hanh Phuc"? What are the procedures for registering to meet inmates in a "Buong Hanh Phuc"? (Image from the Internet)

What are the conditions for inmates to meet their spouses in a "Buong Hanh Phuc"?

Simultaneously, based on Clause 1, Article 3 of Circular 14/2020/TT-BCA, the conditions for inmates to meet their spouses in a "Buong Hanh Phuc" are as follows:

Meeting regime for inmates

1. Inmates can meet with relatives according to the provisions of Clause 1, Article 52 of the 2019 Law on Execution of Criminal Judgments. Inmates may have their meeting time with relatives extended, or meet their spouses in a private room if they fall into one of the following cases:

a) Having at least two consecutive quarters before the meeting time with relatives being rated at least average for compliance with prison sentences, and the period from the last rated quarter to the meeting time being rated at least average for compliance, or due to educational and reformation purposes, the meeting time at the Inmate's Meeting House can be extended but not exceed three hours;

b) Having at least two consecutive quarters before the meeting time with relatives being rated at least average for compliance with prison sentences, and the period from the last rated quarter to the meeting time being rated at least average for compliance, can meet their spouses in a private room for no more than three hours;

c) Having at least four consecutive quarters before the meeting time with relatives being rated as good, and the period from the last rated quarter to the meeting time being rated as good for compliance, and being commended for labor and study achievements according to Clause 1, Article 41 of the 2019 Law on Execution of Criminal Judgments, can meet their spouses in a private room for more than three hours but not exceeding 24 hours;

Inmates falling into the above cases can meet their spouses in a private room.

What are the procedures for registering to meet inmates in a "Buong Hanh Phuc"?

Based on the provisions of Article 5 of Circular 14/2020/TT-BCA, the procedures for registering to meet inmates in a "Buong Hanh Phuc" are as follows:

- Relatives coming to meet inmates must be those whose names are in the Inmate Meeting Register (for first-time meetings without a register or if not named in the register, documents proving the relationship must be provided) or an application to meet the inmate with confirmation from the commune-level People's Committee or commune-level Police where they reside, or the workplace/organization where they work/study, and must have one of the following identification documents (except for those under 14 years old):

Identification card, Citizen identification card, Passport, or documents proving they are officers, soldiers, or employees if they belong to the armed forces.

- Inmates meeting their spouses in a private room must have the following documents:

+ Marriage certificate or Marriage extract or Certified marital status document from the commune-level People's Committee verifying the relative is the spouse of the inmate;

+ Application to meet the spouse in a private room from the inmate's relative, including a commitment to comply with the law, the rules of the Inmate Meeting House, and prevention of infectious diseases;

+ Application to meet the spouse in a private room from the inmate, including a commitment to comply with the law, the regulations of the detention facility, the rules of the Inmate Meeting House, and current population and family planning regulations;

Note: Female inmates must use contraceptive measures and provide a commitment not to become pregnant to ensure the duration of serving the prison sentence.

Can inmates receive gifts from their spouses brought into the "Buong Hanh Phuc"?

Based on the provisions of Clauses 3 and 4, Article 52 of the 2019 Law on Execution of Criminal Judgments, it is regulated as follows:

Regime of meeting and receiving gifts for inmates

...

3. When meeting with relatives, representatives of agencies, organizations, or other individuals, inmates can receive letters, money, and items, except for items on the prohibited list. For money, inmates must hand it over to the prison, detention center, or the district-level criminal judgment execution agency for management. The management and use of money and items of inmates is performed according to the provisions at Points a, b, and c, Clause 3, Article 28 of this Law.

4. Inmates can receive gifts of money and items sent via postal services from relatives no more than twice a month. The prison, detention center, or the district-level criminal judgment execution agency is responsible for receiving money and items sent to inmates by their relatives and inspecting to detect and handle prohibited items according to legal regulations.

Thus, relatives can bring gifts for inmates but not the items listed as prohibited.

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