Who is serving criminal sentences in the community in Vietnam? What are the principles for the criminal judgment enforcement in the community in Vietnam?
What is criminal judgment enforcement in the community? Who is serving criminal sentences in the community in Vietnam?
Pursuant to Clause 1, Article 2 of Circular No. 65/2019/TT-BCA defining criminal judgment enforcement in the community as follows:
Criminal judgment enforcement in the community includes enforcement of suspended sentences, warnings, non-custodial reform, residence ban, probation, deprivation of certain citizenship rights, ban from holding certain posts, ban from practicing or doing certain jobs; execute the decision to postpone the serving of the prison sentence or to suspend the serving of the prison sentence; execute the decision to release the prison before the conditional term.
Pursuant to Clause 3, Article 2 of Circular No. 65/2019/TT-BCA stipulating on persons serving criminal sentences in the community as follows:
Persons serving criminal sentences in the community include persons serving suspended sentences; persons serving sentences of non-custodial reform, probation, ban from residence, deprivation of certain citizenship rights, ban from holding certain posts, practicing certain professions or doing certain jobs; persons entitled to postponement of serving prison sentences or temporary suspension of serving prison sentences; persons who are released from prison before the term is conditional.
Who is serving criminal sentences in the community in Vietnam? What are the principles for the criminal judgment enforcement in the community in Vietnam? (Image from the Internet)
What are the principles for the criminal judgment enforcement in the community in Vietnam?
Pursuant to Article 3 of Circular No. 65/2019/TT-BCA stipulating the principles of criminal judgment enforcement in the community as follows:
- Comply with the Constitution and laws.
- Ensure strict enforcement of legally effective judgments and decisions of the Court.
- Ensure proper competence, order and procedures in accordance with the Law on Criminal Judgment Enforcement and relevant laws.
- To manage, supervise and educate the sentenced person closely and effectively; create conditions for the sentenced person to have the most favorable conditions to serve the sentence, finish serving the sentence early, and become a person useful to society; prevent and stop law-breaking and criminal acts of sentenced persons; create conditions for organizations and individuals to participate in the management, supervision and education of sentenced persons.
- The work of criminal judgment enforcement in the community must be carried out uniformly, with close coordination between the police units and localities; ensure the requirements of administrative reform, judicial reform; effectively serve the work of ensuring security, social order and safety and socio-economic development.
What are the types of criminal judgment enforcement dossiers in the community in Vietnam?
Pursuant to Clause 1, Article 6 of Circular No. 65/2019/TT-BCA stipulating as follows:
Dossier for criminal judgment enforcement in the community
1. A criminal judgment enforcement dossiers in the community (hereinafter referred to as judgment enforcement dossier) include the following dossiers:
a) Dossier for enforcement of suspended sentence;
b) Dossier for non-custodial reform sentence enforcement;
c) Dossier for enforcement of the residence ban;
d) Dossier for enforcement of probation sentence;
dd) Dossier for enforcement of the penalty for deprivation of a number of citizenships;
e) Dossier for enforcement of the sentence of ban from holding certain posts, practicing certain professions or doing certain jobs;
g) Dossier for enforcement of the decision to postpone serving the prison sentence;
h) Dossier for enforcement of the decision to suspend the serving of the prison sentence;
i) Prisoner's dossier for the person who is released from prison before the conditional term.
2. The criminal judgment enforcement agency of the district-level police office shall make the dossiers specified at Points a, b, c, d, dd, e, g and h, Clause 1 of this Article; receive the inmate's file of the person who is released from prison before the conditional term is discussed by the prison, detention center or criminal judgment enforcement agency of the district-level police office where there are prisoners who are released before the conditional handover period. The making of judgment enforcement dossiers must ensure on time and with sufficient documents as prescribed by the Law on Criminal Judgment Enforcement.
After making the judgment enforcement dossier, the criminal judgment enforcement agency of the district-level police office shall:
a) Notify the commune-level People’s Committee;
b) Copy and send documents on suspended sentence enforcement, non-custodial reform, residence ban, probation, postponement of serving prison sentence to the commune-level People’s Committee for management, supervision and education of persons serving criminal sentences in the community;
c) Register judgment enforcement dossiers according to regulations.
3. The criminal judgment enforcement agency of the district-level police office shall manage the judgment enforcement dossier and add documents to the judgment enforcement dossier.
4. The preparation, registration, management, classification, termination, submission and preservation of all kinds of judgment enforcement dossiers shall comply with the regime of professional dossiers of the Ministry of Public Security.
Thus, according to the provisions of the criminal judgment enforcement file in the community, there are the following types:
- Dossier for enforcement of suspended sentence;
- Dossier for non-custodial reform sentence enforcement;
- Dossier for enforcement of the residence ban;
- Dossier for enforcement of probation sentence;
- Dossier for enforcement of the penalty for deprivation of a number of citizenships;
- Dossier for enforcement of the sentence of ban from holding certain posts, practicing certain professions or doing certain jobs;
- Dossier for enforcement of the decision to postpone serving the prison sentence;
- Dossier for enforcement of the decision to suspend the serving of the prison sentence;
- Prisoner's dossier for the person who is released from prison before the conditional term.
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