How to determine exit restriction time against persons sentenced to imprisonment in Vietnam? Notice of exit restriction in the criminal procedures in Vietnam?
What is the exit restriction in criminal procedures in Vietnam?
Pursuant to Clause 2, Article 504 of the 2015 Criminal Procedure Code of Vietnam as follows:
Residential confinement, exit restriction
1. Residential confinement is a preventive measure applicable to persons, whose extradition is requested, with definite place of residence to guarantee their presence as per a Court's subpoenas.
The execution of residential confinement shall be governed by Article 123 of this Law.
The time limit for residential confinement shall not exceed the time limit for the consideration of the request for extradition and time limit for appeals or protests against a decision to approve or reject extradition according to the laws on judicial assistance.
2. Exit restriction is a preventive measure applicable to persons whose extradition is requested to guarantee their presence as per a Court’s subpoenas.
The execution of exit restriction shall be governed by the Article 124 of this Law.
The time limit for exit restriction shall not exceed the time limit for the consideration of the request for extradition and time limit for appeals or protests against a decision to approve or reject extradition according to the laws on judicial assistance.
Thus, according to the above provisions, exit restriction is a preventive measure applicable to persons whose extradition is requested to guarantee their presence as per a Court’s subpoenas.
Notice of exit restriction in the latest criminal procedures in Vietnam?
Notice of exit restriction according to form No. 92 promulgated together with Circular No. 119/2021/TT-BCA.
Download the Notice of exit restriction: Click here.
How to determine exit restriction time against persons sentenced to imprisonment in Vietnam? Notice of exit restriction in the criminal procedures in Vietnam? (Image from the Internet)
What are the cases of exit restriction in Vietnam?
Pursuant to Clause 1, Article 124 of the 2015 Criminal Procedure Code of Vietnam as follows:
Exit restriction
1. Exit restriction may apply to the following persons when there are evident grounds that their exit from the country denotes evasion:
a) Persons denounced or facing requisitions for charges are suspected of crimes according to sufficient grounds and must be detained from absconding or destroying evidences
b) Suspects and defendants.
2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on exit restriction. Decisions on exit restriction made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.
...
Thus, according to the above provisions, exit restriction may apply to the following persons when there are evident grounds that their exit from the country denotes evasion:
- Persons denounced or facing requisitions for charges are suspected of crimes according to sufficient grounds and must be detained from absconding or destroying evidences
- Suspects and defendants.
How to determine exit restriction time against persons sentenced to imprisonment in Vietnam?
Pursuant to Clause 3, Article 124 of the 2015 Criminal Procedure Code of Vietnam stipulating as follows:
Exit restriction
…
2. Authorized individuals as defined in Section 1, Article 113 of this Law, and Presiding judges are entitled to make decisions on exit restriction. Decisions on exit restriction made by individuals as defined in Point a, Section 1, Article 113 of this Law shall be ratified by the equivalent Procuracy prior to the enforcement of such decisions.
3. The length of exit restriction time must not exceed the time limit for processing of criminal information, pressing of charges, investigation, prosecution and adjudication as per this Law. Exit restriction time against persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of custodial sentence.
Thus, according to the above provisions, exit restriction time against persons sentenced to imprisonment shall not exceed the time from conviction to enforcement of custodial sentence.
LawNet
