07:46 | 23/07/2024

Procedures for the Extraction of Inmates Serving Prison Sentences: Regulations and Submission of Extraction Requests

I would like to inquire about the procedure for extracting a prisoner who is serving a prison sentence. - question from Mr. Luyen (Bac Giang)

What are the procedures for extracting prisoners serving prison sentences?

Pursuant to Article 40 of the Law on Execution of Criminal Judgments 2019, the procedures for extracting prisoners currently serving prison sentences are regulated as follows:

- The agency or person responsible for criminal proceedings, upon requesting the extraction of a prisoner, must send a written request to the criminal judgment execution management agency, the provincial-level police's criminal judgment execution agency, or the military zone-level criminal judgment execution agency where the agency or person responsible for the criminal proceedings requesting the extraction is located. This request aims for the authorized person prescribed in Clause 2, Article 40 of the Law on Execution of Criminal Judgments 2019 to issue an extraction order.

- Upon receiving the extraction request for a prisoner, the authorized person must issue an extraction order.

What are the procedures for extracting prisoners serving prison sentences? How is the written request for extraction sent?

What are the procedures for extracting prisoners serving prison sentences? How is the written request for extraction sent? (Image from the Internet)

How is the written request for extraction sent?

Pursuant to the provisions in Article 4 of Inter-Circular 01/2020/TTLT-BCA-BQP-TANDTC-VKSNDTC, the procedures for sending written requests for extraction are as follows:

- In cases where the prisoner is serving a sentence in prisons or detention centers under the Ministry of Public Security, a written request for extraction is sent to the Head of the criminal judgment execution management agency under the Ministry of Public Security.

If the prisoner is serving a sentence in prisons or detention centers under the Ministry of National Defense, the written request for extraction is sent to the Head of the criminal judgment execution management agency under the Ministry of National Defense to issue an extraction order.

- In cases where the prisoner is serving a sentence in provincial-level detention centers or is managed directly by the district-level police's criminal judgment execution agency, the written request for extraction is sent to the Head of the provincial-level police's criminal judgment execution agency to issue an extraction order.

- In cases where the prisoner is serving a sentence in military zone-level and equivalent detention centers (collectively referred to as military zone level), the written request for extraction is sent to the Head of the military zone-level criminal judgment execution agency to issue an extraction order.

- The Supreme People's Court, High People's Courts, Central Military Court, Central Military Procuracy, and High People's Procuracy, when requesting the extraction of prisoners for trial purposes, send the written request for extraction to the provincial-level police's criminal judgment execution agency, the military zone-level criminal judgment execution agency where the trial will be conducted, or where the court held the first-instance trial to issue an extraction order or propose the extraction of prisoners.

- The agency or person responsible for criminal proceedings under the People's Public Security, People's Procuracy, or People's Court at the provincial or district level, when requesting the extraction of prisoners for investigation, prosecution, or trial purposes, send the written request for extraction to the Head of the provincial-level police's criminal judgment execution agency where the requesting agency is located to issue an extraction order or propose the extraction of prisoners.

- The agency or person responsible for criminal proceedings under the military zone, or the authorized agency or person responsible for criminal proceedings under the regional level, when requesting the extraction of prisoners, send the written request to the Head of the military zone-level criminal judgment execution agency where the requesting agency is located to issue an extraction order or propose the extraction of prisoners.

- In cases where prisoners are prosecuted for other crimes, the investigation agency that has issued the decision to prosecute must send a written request for the extraction of the prisoner to the authorized agency mentioned above to issue an extraction order or propose the extraction of prisoners to the detention center or custody house for investigation purposes.

What contents must be included in the written request for extraction by the agency or person responsible for criminal proceedings?

According to Clause 6, Article 4 of Inter-Circular 01/2020/TTLT-BCA-BQP-TANDTC-VKSNDTC, the contents required in the written request for extraction by the agency or person responsible for criminal proceedings include:

- The requesting agency; full name, position, title, signature of the authorized person requesting extraction, and official stamp;

- Full name; date, month, year of birth; place of permanent residence registration of the prisoner; date of arrest; offense; prison term; judgment number, date, month, year, of the Court;

- The execution decision number, date, month, year of the Court, and the place where the prisoner is serving the prison sentence;

- The role of the extracted prisoner in the proceedings of the case being handled by the agency or person responsible for criminal proceedings as prescribed by the Criminal Procedure Code;

- The purpose and duration of the extraction; the agency or unit assigned to receive and escort the extracted prisoner; the detention facility where the prisoner will be received and managed during the extraction period.

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