Decision to Open a Hearing for Exemption from Serving a Prison Sentence Must Contain Which Contents?
What contents must the decision to open a session for exemption from serving a prison sentence have?
Clause 4, Article 10 of Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulates the contents of the decision to open a session for exemption from serving a prison sentence as follows:
- The decision to open a session must have the following contents: date, month, year of decision; name of the Court making the decision; hour, date, month, year, location of the session; full name, date of birth, place of birth, occupation, place of residence of the person serving the prison sentence; decision on enforcement of the prison sentence; full name of the Judge, Secretary of the session, and full name of the Procurator.
This decision must be sent to the Procuracy that proposed the exemption from serving the prison sentence no later than 05 days before the session opens.
Who participates in the session to consider exemption from serving a prison sentence?
Article 11 of Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP stipulates the participants in the session to consider exemption from serving a prison sentence as follows:
The Procurator from the same level Procuracy must participate in the session; in case the Procurator is absent, the Court shall postpone the session.
If necessary, the Court may summon the person serving the prison sentence or their legal representative, the assessor, the interpreter, agencies, organizations, and other related individuals to attend the session; if anyone is absent, the Court shall decide to postpone the session or still proceed with the session.
The postponement period shall not exceed 07 days from the date of postponement.
Sincerely!
