Participation in session and control of adjournment related to reduction of the Court's imprisonment term in Vietnam

Participation in session and control of adjournment related to reduction of the Court's imprisonment term in Vietnam

Pursuant to Article 12 of the Regulations on process of supervising the consideration of reduction of the serving term of imprisonment and supervision of the conditional release of prison before the time limit, promulgated together with Decision 05/QD-VKSTC in 2022, the participation in the trial meeting and supervising the Court's consideration and decision to reduce the serving term of prison sentence; Supervision of the procurator's adjournment of a meeting is prescribed as follows:

1. When participating in the meeting, the procurator is assigned to perform the following tasks and powers:

a) To supervise the observance of the law by the Court of the same level on the composition of the Council, the time limit for opening the meeting, the order and procedures and other issues (if any).

b) Expressing opinions of the Procuracy on the proposal to consider reducing the term of imprisonment and the compliance with law by competent agencies from the time of making the request file and at the meeting to consider and decide to reduce the prison term.

c) After the meeting ends, the procurator looks at the minutes of the meeting and requests amendments and supplements to the minutes of the meeting (if any).

2. The People's Procuracy of the province and the Military Procuracy of the military zone shall inspect the base and the time limit for postponing the meeting to consider reduction of the prison sentence serving term as prescribed in Clause 1, Article 17 of Joint Circular No. 02/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP dated August 12, 2021 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of Public Security and the Ministry of National Defense stipulating the coordination relationship in implement the order and procedures for the temporary suspension and reduction of the prison sentence serving term.

Exercising the right to protest according to the appellate, cassation, or reopening procedures to the decision to reduce the prison term, or to refuse to accept the reduction of the imprisonment term in Vietnam

Pursuant to Article 14 of the Regulations on process of supervising the consideration of reduction of the serving term of imprisonment and supervision of the conditional release of prison before the time limit, promulgated together with Decision 05/QD-VKSTC in 2022, the exercising the right to protest according to the appellate, cassation, or reopening procedures to the decision to reduce the prison term, or to refuse to accept the reduction of the imprisonment term of Procuracy as follows:

The Chief Procurator of the Provincial People's Procuracy, the Chief Procurator of the Military Procuracy of the Military Zone, the Chief Procurator of the Senior People's Procuracy, the Chief Procurator of the Central Military Procuracy, the Chief Procurator of the Supreme People's Procuracy has the right to protest against appellate, cassation, or reopening proceedings according to the provisions of Clause 3, Article 169 of the Law on Criminal Judgment Execution for the Court's decision to reduce the serving term of the prison sentence, or the court's decision not to accept the reduction in the serving term., specifically as follows:

1.The Chief Procurator of the provincial-level People's Procuracy and the Chief Procurator of the High-Level People's Procuracy shall exercise the authority to appeal against the decision to reduce the serving term of prison sentence, or the decision not to accept the reduction of the serving term of the People's Court of the province. The Chief Procurator of the Military Procuracy of the Military Zone, the Chief Procurator of the Central Military Procuracy shall exercise the authority to appeal against the decision to reduce the serving term of prison sentence, or the decision not to accept the reduction of the serving term of the military court of the military zone. The time limit for appellate protest against the decision to reduce the serving term of prison sentence or the decision not to accept the reduction of the prison term of the People's Procuracy of the province or the military procuracies of the military zone is 07 days; of the High People's Procuracy, Article 337 of the Criminal Procedure Code.

If it is discovered that the court's decision to reduce the serving term of imprisonment or the decision not to accept the reduction of the term of imprisonment of the same level of imprisonment is a serious violation in the application of law but the time limit for appeal has expired, Procurators assigned to advise leaders of the provincial-level People's Procuracy immediately report to the high-level People's Procuracy; Military procuracies of military zones shall immediately report to the Central Military Procuracy (Room 4) for appellate protest, cassation and reopening according to their competence, and at the same time, report to the People's Procuracy (Department 8).

2. The Chief Procurator of a Senior People's Procuracy, the Chief Procurator of the Central Military Procuracy has the authority to protest through cassation review against the decision to reduce the term of imprisonment, or the decision not to accept the reduction of the term of the People's Courts of provinces, military courts of military zones; The Chief Procurator of the Supreme People's Procuracy has the authority to protest through cassation review against the Court's decision to reconsider the decision to reduce the prison term, or the court's decision not to accept the reduction of the prison term. People's Supreme People's Court, the Central Military Court when there are grounds specified in Article 371 of the Criminal Procedure Code. The appeal period is as follows:

a) The time limit for protesting according to cassation review in a direction that is not favorable to persons entitled to a reduction of the prison term or not to a reduction of the imprisonment term shall not exceed 1 year from the date of the decision to reduce the term of imprisonment; serving the prison sentence, the decision not to accept the reduction of the term of serving the prison sentence is legally effective.

b) The time limit for protesting according to cassation review in favor of the person entitled to a reduction of the prison term, or the person who is not entitled to a reduction in the term of imprisonment, shall be conducted at any time from the date of the decision to reduce the term of serving the prison sentence, the decision not to accept the reduction of the term of serving the prison sentence is legally effective.

3. The Chief Procurator of the Supreme People's Procuracy, the Chief Procurator of the High-Level People's Procuracy, and the Chief Procurator of the Central Military Procuracy have the authority to protest at reopening hearings against the decision to reduce the term of imprisonment, the Court's decision not to accept the reduction of the term of serving the prison sentence when there are grounds prescribed in Article 398 of the Criminal Procedure Code. The time limit for appeal is as follows:

a) The time limit for protesting against reopening trial in favor of persons entitled to a reduction of their imprisonment term or not of a reduced term of imprisonment is no more than 1 year from the date on which the Procuracy receives information about the newly discovered circumstances.

b) The time limit for protesting against reopening trial in favor of the person entitled to a reduction of the prison sentence is not limited in time from the date of the decision to reduce the serving term of the prison sentence or the decision not to accept the reduction the time limit for serving a legally effective prison sentence.

Best Regards!