When can a person serving suspended sentence be entitled to shorten probation period in Vietnam? What is included in the request dossier for shortening probation period?
When can a person serving suspended sentence be entitled to shorten probation period in Vietnam?
Pursuant to the provisions of Clause 1, Article 89 of the 2019 Law on Execution of Criminal Judgments in Vietnam:
Shortening probation period imposed on persons serving suspended sentences in Vietnam
1. A person serving suspended sentence may request shortening of probation period when he/she:
a) has served a half of the probation period; and
b) has strictly complied with laws and regulations and probation conditions prescribed in Article 87 of this law; has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.
Referring to Article 87 of the 2019 Law on Execution of Criminal Judgments in Vietnam, a person serving suspended sentence may request shortening of probation period when he/she:
- has served a half of the probation period; and
- has strictly complied with laws and regulations and probation conditions:
+ Present himself/herself upon the summons and commit to serve the sentence as prescribed in Clause 1 Article 85 of the 2019 Law on Execution of Criminal Judgments in Vietnam.
+ Strictly fulfill his/her commitments on compliance with law, civil obligations, internal regulations of the places of residence, work and study; abide by all additional penalties, obligations of compensation for damage, except for objective reasons certified by the competent authority.
+ Submit to the supervision and education of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone where he/she resides or works.
+ Abide by regulations prescribed in Article 92 of the 2019 Law on Execution of Criminal Judgments in Vietnam.
+ Present himself/herself at the request of the People’s Committee of commune or the military unit in charge, and the criminal judgment execution agency of district-level police office or of military zone.
+ Send monthly reports on compliance with his/her probation conditions to the People’s Committee of commune or the military unit in charge. If the person serving suspended sentence is absent from his/her place of residence as prescribed in Clause 1 Article 92 of the 2019 Law on Execution of Criminal Judgments in Vietnam, he/she must send a report on compliance with his/her probation conditions upon the expiry of the absence period.
- has taken initiative in learning, working, redeeming his/her faults or making achievements in work, protecting security and order and has been commended by the competent authorities.
When can a person serving suspended sentence be entitled to shorten probation period in Vietnam? What is included in the request dossier for shortening probation period?
What is included in the request dossier for shortening probation period in Vietnam?
Pursuant to the provisions of Clause 3, Article 90 of the 2019 Law on Execution of Criminal Judgments in Vietnam, a request dossier for shortening probation period shall comprise:
- A written request for shortening probation period imposed on person serving suspended sentence;
- A copy of the judgment. In case of consideration of the second-time shortening of the probation period, a copy of the suspended sentence execution decision is required instead;
- A written request for shortening of the probation period made by the commune-level People's Committee or military unit assigned to supervise and educate the person serving the suspended sentence;
- The commendation decision or certificate of merit issued by a competent agency, for those who have received commendation or made a great merit; or certification of fatal disease issued by at least a hospital of province or military zone, for those who have suffered a fatal disease;
- A copy of the decision to shorten the probation period, for those whose probation period was already shortened.
What are the procedures for shortening probation period imposed on persons serving suspended sentences in Vietnam?
Pursuant to Article 90 of the 2019 Law on Execution of Criminal Judgments in Vietnam, the procedures for shortening probation period imposed on persons serving suspended sentences are as follows:
(1) The People’s Committee of commune or the military unit in charge of a person serving a suspended sentence shall verify if he/she meets all conditions for shortening of the probation period as prescribed in Clause 1 Article 89 of the 2019 Law on Execution of Criminal Judgments in Vietnam. If so, the People’s Committee of commune or the military unit in charge shall send a request for shortening of probation period enclosed with relevant documents to the criminal judgment execution agency of district-level police office or of military zone for consideration.
(2) Within 7 days after receiving such a request, the criminal judgment execution agency of district-level police office shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the same-level court and procuracy.
If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of district-level police office shall notify the People’s Committee of commune in charge in writing of such ineligibility.
Within 7 days after receiving such a request, the criminal judgment execution agency of military zone shall send its request for shortening of probation period of eligible person enclosed with relevant documents to the regional military court and procuracy.
If such person serving suspended sentence is not eligible for shortening of probation period, the criminal judgment execution agency of military zone shall notify the military unit in charge in writing of such ineligibility.
(3) Within 7 days after receiving a dossier of request for shortening of the probation period, the chief judge of people’s court of district or military zone where the person serving suspended sentence resides or works shall form a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy.
In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.
(4) Within 3 days from the date on which the decision to accept totally or partially or not to accept the request for shortening of probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on suspended sentence, the Department of Justice of province where the court which issued the decision on suspended sentence is based.
LawNet