What are regulations on sample decision on rejecting shortening of the probation period for persons serving suspended sentences in Vietnam?

What are regulations on sample decision on rejecting shortening of the probation period for persons serving suspended sentences in Vietnam? (Image from the Internet)

What are regulations on sample decision on rejecting shortening of the probation period for persons serving suspended sentences in Vietnam?

In form No. 4 issued together with Joint Circular 03/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are regulations on the form of decision on rejecting shortening of the probation period for persons serving suspended sentences as follows:

DECISION

REJECTING SHORTENING OF THE PROBATION PERIOD FOR PERSONS SERVING SUSPENDED SENTENCES

COURT ….. ⁽⁴⁾

- Members of the Council meeting to consider shortening the probation period for people receiving suspended sentences include ⁽⁵⁾ :

Judge - Chairman of the meeting: Mr. (Mrs.) …………………………………………………….

- Secretary of the meeting: Mr. (Mrs.) ………………………………………………………………… ⁽⁶⁾

- Representative of the Procuracy ………………………………………………… ⁽⁷⁾ participated in the meeting:

Mr. (Mrs.) ……………………..- Prosecutor.

FOUND THAT:

The person sentenced to prison and given a suspended sentence is undergoing probation at ……………………….

…………………………………………………………………………………………………… ⁽⁸⁾

Day month Year…………………………………………………………………………. ⁽⁹⁾

After studying the dossier, it is proposed to shorten the probation period for people receiving suspended sentences …………………………………………………………………………… ……………….……. ⁽¹⁰⁾

After listening to the representative of the Procuracy express his opinion,

CONSIDERING:

The proposal to shorten the probation period for people receiving suspended sentences is for the reason that ……………………………………………………………………………… ………………….. ⁽¹¹⁾

Based on ……………………………………………………………………………………. ⁽¹²⁾

DECISION:

1. Do not accept ………………'s proposal. ^(13 ) on shortening the probation period for people receiving suspended sentences ………………………………………….……….……………. ^(14 )

Sentenced to ………………………… ⁽¹⁵⁾ imprisonment for (crimes) but given a suspended sentence with a probationary period of ………………………………………… …………………………..…………… ^(16 )

At the criminal verdict …………………. ^(17 ) number... date... month... year... of the Court.

2. This decision takes effect 15 days after the date of decision in case the Procuracy does not protest according to appellate procedures.

Instructions for using form No. 04-THAHS:

(1) and (4) write down the name of the Court considering shortening the probation period for the person receiving a suspended sentence; If it is a district-level People's Court, it is necessary to write the name of the district People's Court in which province or centrally run city (for example: People's Court of district X, province H); If it is a Regional Military Court, add the military region (Military Court Region 1, Military Region 4).

(2) the first box records the number, the second box records the year of Decision (for example 1: 04/2021/THAHS-QD).

(3) write down the place, date, month and year of decision.

(5) write the full name of the Judge. If it is a military court, do not write "Mr. (Mrs.)" but write the military rank.

(6) write the full name of the Secretary of the meeting and clearly state which Court Clerk or Examiner of the Court as instructed in point (1).

(7) write the name of the Procuracy as instructed in (1); Write the full name of the Procurator participating in the meeting.

(8) write down the name of the agency or organization assigned to supervise and educate the person sentenced to imprisonment and suspended sentence.

(9) record the date, month, year, and number of documents requesting to shorten the probation period of the person receiving a suspended sentence from the Criminal Judgment Enforcement Agency where they reside or work (for example: May 15 In 2018, the criminal judgment enforcement agency of District B, Province A issued document No. 18/.... requesting to shorten the probation period of people receiving suspended sentences).

(10) write down the full name, aliases, other common names (if any), and year of birth of the person receiving the suspended sentence. If the person receiving a suspended sentence is under 18 years old, write the full date, month and year of birth.

(11) write down the reason for requesting to shorten the probation period of the person receiving a suspended sentence; record the judgment of the meeting Council, the grounds for accepting or not accepting the proposal; legal basis to resolve the case.

(12) Depending on each case, clearly state the legal basis for making the decision.

(13) write the name of the district-level criminal judgment enforcement agency or the military zone-level criminal judgment enforcement agency.

(14) write down the full names of aliases, other common names (if any), year of birth of the person receiving the suspended sentence (if the person receiving the suspended sentence is under 18 years old, write the full date, month, and year of birth), and place of birth. residence, ethnicity, gender, religion, nationality, and parents of the person receiving the suspended sentence.

(15) write the prison sentence according to the Court's verdict (write both numbers and words, for example: "02 (two) years").

(16) write the probation period according to the Court's judgment (write both numbers and letters, for example: "02 (two) years").

(17) if the legally effective judgment is executed as a first instance criminal judgment, write "first instance"; If it is an appeal criminal judgment, write "appeal".

Best regards!