What is the application for parole in Vietnam? When is the time for consideration of parole in Vietnam?
When is the time for consideration of parole in Vietnam?
Pursuant to Article 57 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating as follows:
Time for consideration of parole
The consideration of parole shall be carried out 3 times a year: at the end of the first quarter, the second quarter and the end of the year.
According to the above regulations, the consideration of parole shall be carried out at the end of the first quarter, the second quarter and the end of the year.
The consideration of parole shall be carried out 3 times a year.
What is the application for parole in Vietnam? When is the time for consideration of parole in Vietnam?
What is the application for parole in Vietnam?
Pursuant to Article 58 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the application for parole is as follows:
- Prisons, detention centers of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agencies of provincial-level police departments or of military zones shall:
+ Prepare applications for parole;
+ Send them to the provincial-level or military-level people’s procuracy, provincial-level or military-level people’s court where the inmates have served their prison sentences.
- An application for parole shall consist of:
+ An application form for parole made by the inmate enclosed with commitment not to violate the law and obligations to be fulfilled after the parole is granted;
+ A copy of legally effective court judgment or decision; judgment execution decision;
+ Documents showing that the inmate has made considerable progress and great rehabilitation which are decisions or copies thereof on inmate's performance grade;
+ A copy of decision on reduction of the duration of serving prison sentence granted the person sentenced for serious crime or very serious crime or extremely serious crime;
+ Documents showing that the inmate has completely served the additional sentence as a fine or compensation for damage or payment of court fee;
+ Documents showing the inmate’s actual duration of serving the prison sentence;
+ Relevant proof showing that inmate is a person who has meritorious services to the revolution or a relative thereof, is at least 70 years of age, has severe disabilities or extremely severe disabilities, raises a child under 36 months of age, or is a minor;
+ A request for parole made by the prison, detention center of the Ministry of Public Security, the Ministry of National Defense, criminal judgment execution agency of provincial-level police department or of military zone.
- A person whose prison sentence is suspended or a person subject to execution of compulsory medical treatment may reserve his/her performance grade and resume the performance period after he/she continues to serve his/her sentence.
In this case, if the People’s Committee of commune where the person whose prison sentence is suspended comes to resides, the military unit assigned to supervise this person, or the health facility receiving this person certifies that such person has strictly complied with laws and regulations, he/she may be considered to be granted parole.
- If an inmate is transferred for investigation, prosecution, and trial purposes has not been prosecuted for another offense, the prison, detention center, or criminal judgment execution agency of district-level police office which receive the transferred inmate shall:
Request the prison, detention center, or criminal judgment execution agency of district-level police office in charge to consider making an application for parole granted him/her if he/she is eligible.
What is included in the supervision dossiers of parolees in Vietnam?
Pursuant to the provisions of Article 60 of the 2019 Law on Execution of Criminal Judgments in Vietnam stipulating supervision dossiers of parolees in Vietnam as follows:
A supervision dossier of parolee prepared by the criminal judgment execution agency of district-level police office or the criminal judgment execution agency of military zone shall include:
- A copy of the legally effective court judgment; a copy of decision and the judgment execution decision;
- A decision on parole;
- A certificate of parole;
- A remark of the parolee’s performance during serving time;
- A commitment of the parolee;
- A personal information sheet of the parolee;
- Other relevant documents.
The People’s Committee of commune or the military unit in charge of the parolee shall receive and include additional documents below in the supervision dossier:
- A remark of the parolee’s performance given by the People’s Committee of commune or the military unit in charge;
- A report of the parolee on his/her fulfillment of obligations;
- A criticism report, criticism meeting minutes and relevant documents if the parolee is formally criticized as prescribed in Article 66 of the 2019 Law on Execution of Criminal Judgments in Vietnam;
- A court decision on shortening of probation period if the parolee is so granted;
- Other relevant documents.
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