Procedure for Executing the Suspended Sentence Decision: Obligations of the Probationer
How are the procedures for executing a suspended sentence decision?
Pursuant to the provisions of Article 85 of the Law on Criminal Judgment Execution 2019, the procedures for executing a suspended sentence decision are as follows:
(1) Within 03 working days from the date of receiving the decision to execute the suspended sentence, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region must summon the person entitled to the suspended sentence, the representative in the case the person entitled to the suspended sentence is under 18 years old, to the headquarters of the People's Committee of the commune where the person resides, or the military unit where the person works to commit to serving the sentence.
The person entitled to the suspended sentence, or the representative of the person entitled to the suspended sentence, must be present according to the summons, except in cases of force majeure or objective obstacles.
In case the person entitled to the suspended sentence is not present according to the summons or does not commit, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region shall make a record of the violation of obligations.
(2) Upon receipt of the judgment execution decision, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region shall prepare the judgment execution dossier and send it to the People's Committee of the commune, the military unit assigned to supervise, and educate the person entitled to the suspended sentence. The dossier includes:
- The effective judgment or decision of the Court;- The decision to execute the suspended sentence;- The commitment of the person entitled to the suspended sentence. For a person aged 14 to under 16 entitled to the suspended sentence, their commitment must be confirmed by a representative;- Other relevant documents.
(3) Within 07 days from the date of summoning the person entitled to the suspended sentence, the People's Committee of the commune, the military unit assigned to supervise, and educate, must prepare a supervision and education dossier for the person entitled to the suspended sentence. The dossier includes:
- Copies of the documents specified in Clause 2, Article 84 of the Law on Criminal Judgment Execution 2019;- Comments of the People's Committee of the commune, the military unit assigned to supervise and educate on the observance of obligations by the person entitled to the suspended sentence;- Self-assessment of the person entitled to the suspended sentence on the implementation of obligations to comply with the laws; in cases where the person entitled to the suspended sentence is reviewed according to the provisions of Article 91 of the Law on Criminal Judgment Execution 2019, there must be a review document and minutes of the review meeting;- In cases where the person entitled to the suspended sentence receives a shortened probation period, there must be a court decision;- Other relevant documents.
(4) Three days before the end of the probation period, the People's Committee of the commune or the military unit assigned to supervise and educate shall hand over the supervision and education dossier to the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region.
On the last day of the probation period, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region must issue a certificate of completion of the probation period.
The certificate must be sent to the person entitled to the suspended sentence, the People's Committee of the commune, the military unit assigned to supervise and educate, the Court that issued the judgment execution decision, the same-level Procuracy, and the Department of Justice where the court that issued the judgment execution decision is located.
(5) In cases where the person entitled to the suspended sentence dies, the People's Committee of the commune or the military unit assigned to supervise and educate must notify the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region, which will notify the court that issued the judgment execution decision.
Within 03 working days from the date of receiving the notification, the court that issued the judgment execution decision must issue a decision to suspend the execution of the sentence and send it to:
- The same-level Procuracy;- The criminal judgment execution agency of the district-level police where the People's Committee of the commune is assigned to supervise and educate the person entitled to the suspended sentence, the criminal judgment execution agency of the military region where the person entitled to the suspended sentence works;- The People's Committee of the commune, the military unit assigned to supervise and educate the person entitled to the suspended sentence;- The Department of Justice where the court that issued the judgment execution decision is located.
How are the procedures for executing a suspended sentence decision? What are the obligations of the person entitled to a suspended sentence?
What are the obligations of the person entitled to a suspended sentence?
According to Article 87 of the Law on Criminal Judgment Execution 2019, the obligations are as follows:
Obligations of the person entitled to a suspended sentence
1. Be present according to the summons and commit to serving the sentence according to the provisions of Clause 1, Article 85 of this Law.
2. Strictly implement the commitment to comply with the laws, citizen obligations, regulations of the place of residence, workplace, or study; fully comply with additional penalties and compensation obligations, except for cases where the compliance is confirmed as impossible by a competent state agency.
3. Be subject to supervision and education by the People's Committee of the commune, the military unit assigned to supervise and educate, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region where they reside or work.
4. Comply with the provisions of Article 92 of this Law.
5. Be present as required by the People's Committee of the commune, the military unit assigned to supervise and educate, the criminal judgment execution agency of the district-level police, the criminal judgment execution agency of the military region.
6. Monthly report in writing to the People's Committee of the commune, the military unit assigned to supervise and educate on the observance of their obligations. In case of absence as stipulated in Clause 1, Article 92 of this Law, report on the observance of obligations at the end of the absence.
Thus, the obligations of the person serving a suspended sentence are performed according to the above-stated contents.
How are the work and study activities of the person serving a suspended sentence regulated?
According to Article 88 of the Law on Criminal Judgment Execution 2019, the regulations on work and study activities of the person serving a suspended sentence are as follows:
- The person entitled to a suspended sentence who is an official or public employee, officer, professional soldier, non-commissioned officer, soldier, defense worker or public employee, police worker, or laborer, if allowed to continue working at the agency or organization, must be arranged with work ensuring supervision and education, enjoying salary and other policies in accordance with the work they undertake, counted into working or military service time according to legal regulations.
- The person entitled to a suspended sentence who is admitted to continue studying at general education or vocational education institutions shall enjoy benefits according to the regulations of such institutions.
- The person entitled to a suspended sentence who does not fall into the above cases shall be facilitated by the People's Committee of the commune where they reside in finding a job.
- The person entitled to a suspended sentence who belongs to the group eligible for preferential policies for those who have contributed to the revolution, or is enjoying social insurance benefits, shall comply with the provisions of the law.
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