Vietnam: What are the instructions for determining the commencement date of a sentence and the sentence period?
- What is the determination of the commencement date of sentence in Vietnam?
- What is the determination of the sentence period in Vietnam in case a probationer leaves the probation place without a permit of leave?
- What is the handling of a probationer leaving the probation place without a permit of leave in Vietnam?
What is the determination of the commencement date of sentence in Vietnam?
Pursuant to the provisions of Clause 1 Article 5 of Joint Circular 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC as follows:
Determination of commencement date of sentence, sentence period
1. Commencement date of sentence is determined as follows:
a) Commencement date of suspended sentence shall comply with Article 5 of Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Council of Judges of the Supreme People's Court on guidelines for the application of Article 65 of the Criminal Code on suspended sentences and Clause 4, Article 1 of Resolution No. 01/2022/NQ-HDTP dated April 15, 2022 of the Council of Judges of the Supreme People's Court on amendments to Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Council of Judges of the Supreme People's Court on guidelines for the application of Article 65 of the Criminal Code on suspended sentences;
b) Commencement date of non-custodial sentence is the date on which the execution agency of the district police or the military-level execution agency receives the judgment execution decision;
c) Commencement date of residency restriction, probation is the date of prison sentence completion;
d) Commencement date of deprivation of certain citizenship rights is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the convict has his/her sentence suspended.
dd) Commencement date of prohibited from holding certain positions, practicing his/her profession or doing certain jobs is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the primary penalty is warning, fine, or non-custodial sentence, or in a case where the convict has his/her sentence suspended.
According to the above regulations, the commencement date of sentence is determined as follows:
- The commencement date of the suspended sentence shall comply with Article 5 of Resolution No. 02/2018/NQ-HDTP.
- The commencement date of the non-custodial sentence is the date on which the execution agency of the district police or the military-level execution agency receives the judgment execution decision;
- The commencement date of residency restriction, probation is the date of prison sentence completion;
- The commencement date of deprivation of certain citizenship rights is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the convict has his/her sentence suspended.
- The commencement date of prohibiting from holding certain positions, practicing his/her profession or doing certain jobs is the date of prison sentence completion or the date on which the judgment is legally effective in a case where the primary penalty is a warning, fine, or non-custodial sentence, or in a case where the convict has his/her sentence suspended.
What is the determination of the sentence period in Vietnam in case a probationer leaves the probation place without a permit of leave?
Pursuant to the provisions of Clause 2 Article 5 of Joint Circular 01/2023/TTLT-BCA-BQP-TANDTC-VKSNDTC as follows:
Determination of commencement date of sentence, sentence period
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2. In case the probationer violates Clause 2, Article 116 of the Law on Execution of Criminal Judgments, the number of days of leaving the probation place without a permit or the number of days exceeding the approved number of days stated in the permit of leave is not included in the probation period.
Based on the document recording that the probationer has left the probation place without a permit or has committed a breach of the permit of leave, the People’s Committee of commune shall report it to the execution agency of district police to issue a decision on a given duration not included in the probation period and send it to the People’s Committee of commune, the Court that has issued the judgment execution decision and the Procuracy of the same level.
According to the above provisions, in case a probationer leaves the probation place without a permit of leave, the number of days of leaving the probation place without a permit is not included in the probation period.
Based on the document recording that the probationer has left the probation place without a permit or has committed a breach of the permit of leave, the People’s Committee of commune shall report it to the execution agency of district police to issue a decision on a given duration not included in the probation period and send it to the People’s Committee of commune, the Court that has issued the judgment execution decision and the Procuracy of the same level.
What is the handling of a probationer leaving the probation place without a permit of leave in Vietnam?
Pursuant to the provisions of Article 116 of the Execution of Criminal Judgments 2019 as follows:
Actions against persons violating the probation rules
1. If the sentenced person deliberately violates the probation rules as prescribed in Clause 2 Article 144 of this Law, the commune-level police office or military unit shall take a violation report and include it in the judgment execution dossier.
2. The person serving the probation sentence leaves the probation place without justifiable reasons, the leaving duration shall not be included in the probation period.
The person serving the probation sentence who violates the obligations prescribed in Clause 2 Article 114 of this Law shall, depending on the nature and severity of the violation, face penalties for administrative violations or criminal prosecution.
According to the above provisions, a probationer who leaves the probation place without a permit of leave in Vietnam may face administrative penalties or be liable for criminal prosecution depending on the nature and seriousness of the violation.
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