Supervision of preparation of dossiers requesting parole in Vietnam
I would like to ask what is the subject, method and content of the supervision of preparing a dossier requesting parole as prescribed by law in Vietnam? Looking forward to your guidance.
Subjects and time to supervise the preparation of dossiers requesting parole in Vietnam
Pursuant to Clause 1, Article 16 of the Regulations on the process of supervising the consideration of reduction of the term of serving prison sentences and supervising the parole issued with Decision 05/QD-VKSTC in 2022 with regulations the subjects and time to supervise the preparation of dossiers requesting parole as follows:
a) Subject of inspection: prison; detention; Criminal judgment enforcement agency of the Provincial Police; Military zone-level criminal judgment enforcement agency.
b) Time of inspection: Implemented immediately after the Council considers and recommends paroles, detention camps under the Ministry of Public Security, Ministry of National Defense, detention camps under the Provincial Police At the military zone level, the criminal judgment execution agency of the district-level police meets and completes the dossier and list of requests for parole signed by the Chairman of the Council to report and request appraisal in each parole (term ending in the first quarter, ending in the second quarter and ending the year).
Supervision of preparation of dossiers requesting parole in Vietnam (Image from the Internet)
Methods of supervising the preparation of dossiers requesting parole
Pursuant to Clause 2 of Article 16 of the Regulations on the process of supervising the consideration of reduction of the term of serving prison sentences and supervising the parole issued with Decision 05/QD-VKSTC in 2022, the method of supervising the preparation of dossiers requesting parole is prescribed as follows:
The competent Procuracy may apply one or a combination of several methods such as requesting the competent authority to self-inspect the case, recommending parole, and notifying the results to the Procuracy. close; directly meet and ask questions; Verify and collect documents, request the provision of relevant records and documents, and directly inspect the dossier to review and request parole.
Contents and procedures for supervising the preparation of dossiers requesting parole
Pursuant to Clause 3 and Clause 4 of Article 16 of the Regulations on the process of supervising the consideration of reduction of the term of serving prison sentences and supervising the parole issued with Decision 05/QD-VKSTC in 2022, there are regulations on the content and order of supervising the preparation of dossiers requesting parole as follows:
a) The Provincial People's Procuracy and the Military Procuracy of the military zone require the agency that has requested early release from prison to notify or clearly report the preparation of a dossier to consider and request early release from prison. conditional term; Some basic contents are as follows: Total number of existing prisoners, total number of prisoners eligible to be considered and prepare dossiers to request parole; Among them, the number of prisoners who met the conditions but after consideration, did not prepare a dossier to request parole before the conditional term, the reason for not requesting it.
Number of prisoners who have petitions or relatives of prisoners who have petitions for parole but the unit does not prepare a file, request, and reasons for not requesting.
Complaints and denunciations related to the consideration of parole and the consideration and resolution of complaints and denunciations (if any).
b) Procurators and inspectors assigned to supervise must study relevant records and documents and clarify issues: Order and procedures for reviewing and preparing dossiers to request release from prison ahead of time. Are the conditions as prescribed in Article 368 of the Criminal Procedure Code, Article 58 of the Law on Execution of Criminal Judgments, Articles 4, 5, 6 and 7 of Joint Circular No. 04/TTLT-BCA-BQP-TANDTC-VKSNDTC dated February 9, 2018 of the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court and the Supreme People's Procuracy regulating coordination in implementing the provisions of the Criminal Procedure Code on parole.
Determine whether or not there are prisoners who meet the conditions prescribed by law but have not yet made a request for parole; If so, clearly identify the cause and responsibilities of relevant agencies, organizations and individuals.
During the process of inspecting the preparation of dossiers requesting parole, if it is discovered that the prisoner is not eligible for parole, the Procuracy shall protest, recommend, and request that the prisoner be released. out of list; In case it is discovered that the prisoner meets the conditions but is not recommended by the competent authority for parole, the Procuracy shall appeal, make recommendations, and request the prison, detention center, or enforcement agency to Provincial police and military zone-level criminal judgment enforcement agencies prepare documents and put them on the list of candidates for parole.
Best regards!
