What are the mitigating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions in Vietnam?
What are the mitigating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions in Vietnam?
According to Clause 1, Article 20 of Circular 49/2022/TT-BCA, the mitigating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions are as follows:
Mitigating and aggravating circumstances for disciplinary measures
1. Mitigating circumstances for disciplinary measures
a) Voluntarily reporting one's violations to officers, teachers at reformatories and correctional institutions, and admitting faults before being discovered;
b) Voluntarily reporting, providing information, and giving full, truthful feedback about others involved in the violation;
c) Voluntarily stopping the violation, remedying its consequences, and actively participating in preventing further violations;
d) Committing violations due to objective reasons or coercion;
dd) Having numerous achievements during compliance with the decision, acknowledged by a Competent Authority with a Merit Certificate;
e) Voluntarily stopping the violation midway and promptly reporting it to officers, teachers at reformatories and correctional institutions.
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The mitigating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions include:
- Voluntarily reporting one's violations to officers, teachers at reformatories and correctional institutions, and admitting faults before being discovered;
- Voluntarily reporting, providing information, and giving full, truthful feedback about others involved in the violation;
- Voluntarily stopping the violation, remedying its consequences, and actively participating in preventing further violations;
- Committing violations due to objective reasons or coercion;
- Having numerous achievements during compliance with the decision, acknowledged by a Competent Authority with a Merit Certificate;
- Voluntarily stopping the violation midway and promptly reporting it to officers, and teachers at reformatories and correctional institutions.
What are the mitigating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions in Vietnam? (Image from the Internet)
What are the aggravating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions in Vietnam?
According to Clause 2, Article 20 of Circular 49/2022/TT-BCA, the aggravating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions are as follows:
Mitigating and aggravating circumstances for disciplinary measures
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2. Aggravating circumstances for disciplinary measures
a) Not admitting faults, lying, hiding violations, failing to write a report or self-criticism;
b) Covering for others involved in violations; retaliating against those who report or provide evidence of violations;
c) Providing false information, making false reports; obstructing others from providing evidence of violations; destroying evidentiary materials;
d) Hindering, obstructing, making it difficult to verify and collect evidence of violations;
dd) Violating during the probation period as stipulated in Article 25 of this Circular;
e) Violations carried out in an organized manner; being the organizer, instigator, or initiator of the violation;
g) Coercing, organizing, luring, or assisting others to commit violations.
Thus, the aggravating circumstances for disciplinary measures taken against persons held in custody at reformatories and correctional institutions include:
- Not admitting faults, lying, hiding violations, failing to write a report or self-criticism;
- Covering for others involved in violations; retaliating against those who report or provide evidence of violations;
- Providing false information, making false reports; obstructing others from providing evidence of violations; destroying evidentiary materials;
- Hindering, obstructing, making it difficult to verify and collect evidence of violations;
- Violating during the probation period as stipulated in Article 25 of this Circular;
- Violations carried out in an organized manner; being the organizer, instigator, or initiator of the violation;
- Coercing, organizing, luring, or assisting others to commit violations.
What are the regulations on consideration for taking disciplinary measures against persons held in custody at reformatories and correctional institutions in Vietnam in case of mitigating and aggravating circumstances?
According to Clause 3, Article 20 of Circular 49/2022/TT-BCA, the consideration for taking disciplinary measures against persons held in custody at reformatories and correctional institutions in Vietnam in case of mitigating and aggravating circumstances is specified as follows:
- In cases where persons held in custody violate discipline and have more mitigating circumstances than aggravating ones, or have mitigating circumstances without any aggravating ones, a lighter disciplinary measure is applied than the one stipulated for the disciplinary violation;
- In cases where persons held in custody violate discipline and have equal mitigating and aggravating circumstances, the stipulated disciplinary measure is applied;
- In cases where persons held in custody violate discipline and have fewer mitigating circumstances than aggravating ones, or have aggravating circumstances without any mitigating ones, a stricter disciplinary measure is applied than the one stipulated for the disciplinary violation.
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