What is the decision form for temporary suspension of imprisonment sentence in Vietnam? What is the time limit for suspension of imprisonment sentence?
What is the decision form for temporary suspension of imprisonment sentence in Vietnam?
The decision form for temporary suspension of imprisonment sentence is Form No. 01 issued together with Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP. Below is an image of a decision form for temporary suspension of imprisonment sentence:
Download the decision form for temporary suspension of imprisonment sentence: Click here.
What is the decision form for temporary suspension of imprisonment sentence in Vietnam? What is the time limit for suspension of imprisonment sentence? (Image from the Internet)
What is the time limit for temporary suspension of imprisonment sentence in Vietnam?
Pursuant to Clause 5, Article 9 of Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulates as follows:
Procedures for receiving dossiers and considering and deciding for suspension of imprisonment sentence
1. Dossier of request for temporary suspension of imprisonment sentence shall be sent to a competent court by the following methods:
a) Handing over directly at the Court;
b) Send it to the Court by postal service;
c) Send by electronic means via the Court's web portal (if any).
2. As soon as the court receives the application file for temporary suspension of imprisonment sentence, the court must enter the receipt book, organize the consideration and study of the file and settle as follows:
a) If the application file for temporary suspension of prison sentence is complete according to the instructions in Articles 5 and 6 of this Joint Circular, it shall consider and decide on the temporary suspension of imprisonment sentence;
b) If the application file is incomplete as prescribed in Articles 5 and 6 of this Joint Circular or it is unclear, the court shall notify the competent authority to request the temporary suspension of imprisonment sentence. additional documentation or further clarification. In this case, the time limit of 07 days specified in Clause 3, Article 36 of the Law on Criminal Judgment Execution shall be recalculated from the date the Court receives additional documents or written explanations on matters that need further clarification. .
3. After considering the application file for temporary suspension of imprisonment sentence, the chief justice of the court shall settle as follows:
a) If there are insufficient grounds to suspend the serving of the prison sentence, a decision on temporary suspension shall not be issued and a written reply clearly stating the reason. This document may be complained or petitioned in accordance with the Law on Criminal Judgment Execution and must be sent in accordance with Clause 3, Article 36 of the Law on Criminal Judgment Execution;
b) If there are enough grounds to suspend the serving of the prison sentence, a decision on temporary suspension of the serving of the prison sentence shall be issued;
c) If the application file for temporary suspension of prison sentence is complete, but if it is found that there are still problems and unclear contents, the chief justice of the court shall coordinate with the chief procurator of the same-level procuracy to discuss and reach consensus. prior to issuing a decision.
4. A decision for temporary suspension of imprisonment sentence has the following contents:
a) Date, month and year of the decision;
b) The court makes a decision;
c) Specify the full name and position of the decision maker;
d) Number, date, month and year of the judgment or decision to be executed;
dd) Number, date, month and year of the decision to execute the prison sentence;
e) Full name, year of birth, place of residence of the prisoner;
g) Reasons for temporary suspension of imprisonment sentence;
h) Name of the criminal judgment execution agency, the commune-level People's Committee, or the military unit assigned to manage the person being suspended.
In case the person entitled to temporary suspension suffers from a serious illness and must be treated at a hospital and must be entrusted to his or her relatives for care, the full name, place of residence of the relative and the relationship between them shall be added;
i) The time limit for the suspension of serving the prison sentence and its effect.
In case of temporary suspension of imprisonment sentence as prescribed at Point a, Clause 1, Article 67 of the Penal Code, at the end of the decision, the words “Court… from the date on which the time limit for temporary suspension of imprisonment sentence expires or the date the criminal judgment execution agency of the district-level police office or the military zone-level criminal judgment execution agency receives the document from the provincial-level hospital or the hospital. Military zone-level hospital or higher or conclusions of public forensic organizations or conclusions of medical assessment councils at provincial-level or higher about the health status of the person who is temporarily suspended from serving a rehabilitation prison sentence.
In case of temporary suspension of the serving of prison sentences as prescribed at Points b, c, d, Clause 1, Article 67 of the Penal Code, at the end of the decision, the words "Expiry of the time limit for suspension of serving prison sentences, the Decision No. execution of the prison sentence number, day, month and year of the Court ... shall be executed in accordance with the provisions of the Law on Execution of Criminal Judgments”.
5. The time limit for temporary suspension of imprisonment sentence is counted from the date the People's Committee of the commune where the person temporarily suspended resides, the military unit assigned to manage the person temporarily suspended receives the handover of the person temporarily suspended.
In case the person temporarily suspended suffers a serious illness while being treated at a hospital and must be taken care of by his relatives, the time limit for temporary suspension of imprisonment sentence shall be counted from the date of making the minutes of handing over the temporarily suspended person to himself or herself. the person at the hospital.
6. The decision to suspend the serving of the prison sentence shall be immediately enforced and may be protested against. The order and procedures for handling protests comply with the provisions of Chapters XXII, XXV and XXVI of the Criminal Procedure Code.
7. The decision for temporary suspension of imprisonment sentence must be sent according to the provisions of Clause 1, Article 37 of the Law on Criminal Judgment Execution.
Thus, according to the above provisions, the time limit for temporary suspension of imprisonment sentence is counted from the date on which the People's Committee of the commune where the person temporarily suspended resides, the military unit assigned to manage the person temporarily suspended from receiving the work. handover is temporarily suspended.
In case the person temporarily suspended suffers a serious illness while being treated at a hospital and must be taken care of by his relatives, the time limit for temporary suspension of imprisonment sentence shall be counted from the date of making the minutes of handing over the temporarily suspended person at the hospital.
What should be included in a written request for temporary suspension of imprisonment sentence in Vietnam?
Pursuant to Article 6 of the Joint Circular 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, a written request for temporary suspension of serving prison sentences must contain the following contents:
- Day, month, year of making documents.
- Name of the requesting agency.
- Name of the Court receiving the document.
- Full name, date, month, year of birth, place of residence and work of the inmate.
- Number, date and year of the court's legally effective judgment or decision; number, date, month and year of the decision to execute the prison sentence; the time the prisoner has served his prison sentence.
- Reasons for requesting temporary suspension of serving prison sentences.
- List of documents attached to the proposal.
- The end of the written request must be signed and stamped by the legal representative of the agency.
LawNet
