Procedure for Reducing the Probation Period for Persons on Suspended Sentences: How Is It Implemented?
Procedures for shortening the probation period for persons granted suspended sentences
Based on the provisions of Article 90 Law on Execution of Criminal Judgments 2019, the procedure for shortening the probation period for persons granted suspended sentences is prescribed as follows:
(1) The Commune-level People's Committees and military units assigned to supervise and educate persons granted suspended sentences are responsible for reviewing those eligible under Clause 1, Article 89 Law on Execution of Criminal Judgments 2019, and reporting to the district-level criminal judgment execution agency or regional military criminal judgment execution agency, along with relevant documents, to propose the shortening of the probation period.
(2) Within 07 days from the date of receipt of the report, the district-level criminal judgment execution agency prepares a dossier and issues a written proposal to shorten the probation period for eligible individuals and sends it to the Court and the People's Procuracy of the same level.
If it is deemed that the conditions for preparing a dossier to shorten the probation period are not met, the district-level criminal judgment execution agency shall notify the Commune-level People's Committees assigned to supervise and educate the persons granted suspended sentences.
Within 07 days from the date of receipt of the report, the regional military criminal judgment execution agency prepares a dossier and issues a written proposal to shorten the probation period for eligible individuals and sends it to the Court and the regional military procuracy.
If it is deemed that the conditions for preparing a dossier to shorten the probation period are not met, the regional military criminal judgment execution agency shall notify the military unit assigned to supervise and educate the persons granted suspended sentences.
(3) Within 07 days from the date of receipt of the dossier proposing the shortening of the probation period, the Chief Justice of the district-level People's Court or the Chief Justice of the regional military court where the person granted a suspended sentence resides or works establishes a Council and organizes a session to consider and decide on the shortening of the probation period.
If the dossier needs to be supplemented as required by the Court, the time limit for opening the session is counted from the date of receipt of the supplementary dossier.
(4) Within 03 working days from the date of issuance of the decision to fully accept, partially accept or not accept the shortening of the probation period of the suspended sentence, the Court must send the decision to the person serving the sentence, the People's Procuracy of the same level, the higher People's Procuracy, the agency proposing the shortening of the probation period, the Court that issued the decision to grant the suspended sentence, and the Department of Justice where the Court issuing the decision to grant the suspended sentence is headquartered.
Procedures for shortening the probation period for persons granted suspended sentences (Image from the Internet)
Contents of the decision to execute a suspended sentence
Pursuant to Clause 1, Article 84 of the Law on Execution of Criminal Judgments 2019, it is prescribed as follows:
Decision on execution of suspended sentence
1. The decision on the execution of a suspended sentence must clearly state the full name, position of the person making the decision; the judgment, decision to be executed; name of the agency responsible for execution; full name, date of birth, place of residence of the person granted a suspended sentence; duration of the imprisonment sentence and probation period of the person granted a suspended sentence; additional penalties, excluding additional penalties in the form of fines; consequences of violation of obligations during the probation period as prescribed in Clause 5, Article 65 of the Criminal Code; Commune-level People's Committees, military units assigned to supervise, educate individuals granted suspended sentences.
As prescribed above, the decision on the execution of a suspended sentence must include the following contents:
- Full name, position of the person making the decision- The judgment, decision to be executed- Name of the agency responsible for execution- Full name, date of birth, place of residence of the person granted a suspended sentence- Duration of the imprisonment sentence and probation period of the person granted a suspended sentence- Additional penalties, excluding additional penalties in the form of fines- Consequences of violation of obligations during the probation period- Commune-level People's Committees, military units assigned to supervise, educate individuals granted suspended sentences
How are the work and study provisions for persons serving suspended sentences regulated?
According to Article 88 Law on Execution of Criminal Judgments 2019, the regulations on work and study provisions for persons serving suspended sentences are as follows:
- Persons granted suspended sentences who are officials and public employees, officers, professional soldiers, non-commissioned officers, soldiers, defense workers, and public security workers, if allowed to continue working at their agencies or organizations, they are assigned jobs that ensure supervision and education requirements, receive salaries and other suitable policies according to the work they undertake, and the time is counted towards their service time as per legal regulations.
- Persons granted suspended sentences who are accepted for study at general education institutions, vocational education institutions, are entitled to benefits according to the regulations of those institutions.
- Persons granted suspended sentences who do not fall under the provisions of Clauses 1 and 2 of this Article are facilitated by Commune-level People's Committees where they reside to find employment.
- Persons granted suspended sentences who are eligible for preferential policies for people with meritorious services to the revolution, and those receiving social insurance benefits, shall comply with the provisions of the law.
LawNet