What are regulations on supervision of custody and temporary detention, and execution of criminal judgments in Vietnam?

What are regulations on supervision of custody and temporary detention, and execution of criminal judgments in Vietnam?

On July 20, 2023, the Supreme People's Procuracy issued Decision 259/QD-VKSTC in 2023 on promulgating the Regulations on the supervision of temporary detention, detention, and execution of criminal judgments; System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments; Instructions on the authority to sign documents under the System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments.

According to Article 1 of the Regulation on the work of supervising custody, temporary detention, and execution of criminal judgments; System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments; Guidance on the authority to sign documents under the System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments issued together with Decision 259/QD-VKSTC 2023 regulating scope of adjustment and subjects of application are as follows:

Regulations on the supervision of temporary detention, detention, and execution of criminal judgments regulate the following activities:

- Supervise detention and temporary detention;

- Supervise the execution of criminal judgments;

- Supervise the application and enforcement of judicial measures;

- Supervise the amnesty;

- Supervise the order and procedures of the Court to consider and decide on postponement, exemption from compliance, reduction of time limit, temporary suspension or exemption from compliance with the remaining time of application of administrative handling measures;

- Supervise the order and procedures for the Court to consider and decide to postpone or exempt the decision to send to a mandatory detoxification facility, or to temporarily suspend or exempt the remaining time in the decision to send to a detoxification facility. Compulsory addiction for drug addicts from 12 years old to under 18 years old;

What are regulations on supervision of custody and temporary detention, and execution of criminal judgments in Vietnam? (Image from the Internet)

What are additional duties of the military region-level military procuracy in supervising the application, change, and cancellation of measures to prevent custody and temporary detention in Vietnam?

In Article 7 of the Regulation on the work of supervising custody, temporary detention, and execution of criminal judgments; System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments; Guidance on the authority to sign documents under the Professional Form System on the supervision of custody, temporary detention, and execution of criminal judgments issued together with Decision 259/QD-VKSTC in 2023 regulating supervision the application, change, and cancellation of measures to prevent custody and temporary detention are as follows:

Supervise the application, change and cancellation of measures to prevent custodyand temporary detention

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2. When detecting a custody or temporary detention that violates the grounds, authority, procedures, and duration of temporary detention or detention as prescribed by law, the Procuracy must clearly determine the cause and responsibility of the person. agencies and individuals; Depending on the nature and severity of the violation, protest or request for handling; At the same time, report directly to the superior Procuracy for direction and coordination to resolve the issue.

When the Provincial People's Procuracy detects a violation by the High People's Court regarding grounds, procedures or detention periods, it shall issue a petition requesting redress of the violation as prescribed in Articles 5 and 22. Law on Organization of People's Procuracy, Article 42 Law on Enforcement of Custody and Temporary Detention; At the same time, send a petition to the High People's Procuracy for monitoring. In case the High People's Court does not implement the recommendation, the Provincial People's Procuracy reports to the High People's Procuracy for consideration and decision.

If the Military Procuracy at the military zone level detects a violation by the Central Military Court regarding the grounds, procedures or detention period, it shall issue a recommendation to request redress of the violation according to the provisions of Article 5 and Article 22. Law on Organization of People's Procuracy, Article 42 Law on Enforcement of Custody and Temporary Detention; At the same time, send a petition to the Central Military Procuracy for monitoring. In case the Central Military Court does not implement the recommendation, the Military Procuracy at the military zone level shall report to the Central Military Procuracy for consideration and decision.

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According to this Article, compared to the old regulations in Decision 501/QD-VKSTC in 2017 (which has expired), there have been additional tasks of the military procuracy at the military zone level in supervising the application, change, and cancellation of measures to prevent detention and temporary detention as follows:

When detecting violations by the Central Military Court regarding grounds, procedures or detention periods, a petition shall be issued to request remediation of violations according to the provisions of Article 5 and Article 22 of the Law on Organization of the People's Procuracy 2014, Article 42 of the Law on Enforcement of Custody and Temporary Detention 2015;

At the same time, send a petition to the Central Military Procuracy for monitoring.

What are duties of the Procuracy in supervising the Court's sending of judgments and decisions according to the new regulations in Vietnam?

In Article 11 of the Regulation on the work of supervising custody, temporary detention, and execution of criminal judgments; System of professional forms on the work of supervising custody, temporary detention, and execution of criminal judgments; Guidance on the authority to sign documents under the Professional Form System on the supervision of custody, temporary detention, and execution of criminal judgments issued together with Decision 259/QD-VKSTC in 2023 regulating supervision the Court's sending of judgments and decisions is as follows:

Supervise the Court's sending of judgments and decisions

1. The Procuracy supervises the Court's sending of the following judgments and decisions to the Procuracy, the convicted person and agencies, organizations and individuals involved in the execution of the judgment:

a) Decision to execute the judgment;

b) Decision to entrust judgment execution; decide to postpone or temporarily suspend the execution of prison sentences; decide to cancel the decision to postpone or suspend the execution of the prison sentence; decision to suspend judgment execution; decision to suspend the execution of prison sentences; decisions on time reduction and exemption from serving sentences; Decision on parole, cancellation of decision on parole; Decide to accept prisoners who are Vietnamese citizens who have committed crimes and are sentenced to imprisonment abroad to be transferred to Vietnam to serve their sentences, and transfer foreign prisoners; decide to force a person serving a suspended sentence to serve the prison sentence of the suspended sentence; decide to extend the deportation period; decision to shorten the probation period for people receiving suspended sentences, decision to shorten the probation period for people released from prison before the conditional term; decision to erase criminal records.

2. The Procuracy must open a monitoring book and fully manage the receipt of judgments and decisions on judgment execution. The monitoring book must show the receiving source (In case of direct transfer, the receipt must be shown between the parties for common management). After receiving and assigning Procurators and Inspectors to manage, research and monitor the implementation of judgments and decisions of the Court.

The criminal judgment enforcement procuracy unit must proactively coordinate with the criminal trial procuracy unit in receiving judgments, making decisions and monitoring the results of appellate, cassation and retrial trials to check supervising the execution of the judgment. Every month, the Procuracy proactively coordinates with the Court and criminal judgment enforcement agencies at the same level to compare the results of criminal case trials, execute criminal judgments and organize judgment execution; which determines the number of judgments and decisions that have been received, the number of judgments and decisions that have not yet been received, and issues notices of tried cases that have not yet received judgments or decisions.

According to this Article, for the new regulations, the Procuracy must open a book to monitor and fully manage the reception of judgments and decisions on judgment enforcement. The monitoring book must show the source of receipt.

In addition, after receiving judgments and decisions of the Procuracy, Procurators and Inspectors must be assigned to manage, research and monitor the implementation of judgments and decisions of the Court.

Every month, the Procuracy proactively coordinates with the Court and criminal judgment enforcement agencies at the same level to compare the results of criminal case trials, execute criminal judgments and organize judgment execution.

Best regards!