What are regulations on sample decision to open a meeting to consider exemption from serving a prison sentence in Vietnam?

What are regulations on sample decision to open a meeting to consider exemption from serving a prison sentence in Vietnam?

In Form No. 5 of the Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions on the following:

DECISION

OPENING SESSION TO CONSIDER EXEMPTION FROM EXECUTION OF FINE SENTENCES

COURT... ⁽³⁾

Pursuant to Article 62 of the Penal Code;

Pursuant to Articles 21 and 39 of the Law on Execution of Criminal Judgments;

After studying the Procuracy's application for exemption from serving the prison sentence ... ⁽⁴⁾ for the person serving the prison sentence ... ⁽⁵⁾ .

DECISION:

Article 1. Opening a meeting to consider exemption from serving prison sentences for persons serving prison sentences ... ⁽⁶⁾

Court ... ⁽⁷⁾

Sanctions ... for crimes (crimes) …………………………………………………… ⁽⁸⁾

According to the point(s).... clause(s) ... Article(s)... of the Penal Code.

Decision ………………………………………………………………………………………. ⁽⁹⁾

Meeting opening time: ……………………………………………………………………………………………….

Meeting place: ……………………………………………………………………………………………….

Article 2. Procedure -conducting persons considering exemption from serving prison sentences:

Judge - Chairman of the session: Mr. (Ms.) ……………………………………………………..

Judges ⁽¹⁰⁾ : Mr. (Mrs.): ……………………………………………………

                   Mr. (Mrs.): ……………………………………………………………………

Secretary of the meeting: Mr. (Ms.): …………………………………………………… ⁽¹¹⁾

Representative of the Procuracy... ⁽¹²⁾ attending the meeting: Mr. (Ms.):... - Procurator

Article 3. Participants in the meeting to consider exemption from serving prison sentences (if any): ……………………………………………………………………………………………… ………….. ⁽¹³⁾

Instructions for using form No. 05-THAHS:

(1) and (3) write the name of the Court that issued the decision (for example, the People's Court of Hanoi).

(2) the first box contains the number, the second the year of the decision (eg: 03/2021/THAHS-QD).

(4) write down the name of the Procuracy requesting exemption from serving the prison sentence.

(5) write the full name of the person serving the prison sentence. If there are more than one person, write the following: "After studying the Procuracy's application for exemption from serving prison sentence... for ... the person serving the prison sentence (the list is attached)".

(6) write the full name, year of birth (if the person is under 18 years old, the full day, month and year of birth), the place of residence of the person serving the prison sentence; in case there are many people serving prison sentences and are requested to be exempted from serving prison sentences, write: “Open a meeting to consider exemption from serving prison sentences for ... persons serving prison sentences (the list is enclosed with the attached list)".

(7) write the court that issued the legally effective judgment or decision.

(8) write down the specific crime and punishment that the court's legally effective judgment or decision has declared.

In case there are many people serving prison sentences who are requested to be exempted from serving prison sentences, items (7), (8) are clearly shown in the attached list.

(9) write the number, symbol, date, month and year of the decision to execute the prison sentence. In case the person exempted from serving the prison sentence is a person who is being postponed or suspended from serving the prison sentence, the number, symbol, date, month and year of the decision to postpone serving the sentence or temporary suspension of serving a prison sentence must be clearly stated.

(10) , (11) and (12) write the full name of the Judge. If it is a military court, do not write "Mr. (Mrs.)" but write the military rank. Full name of the Clerk of the session and specify which Court Clerk or Investigator of the Court. Full name of the procurator participating in the meeting.

(13) clearly state the full name and place of residence of the sentenced person or their representative; name of agency, organization or representative attending the meeting.

(14) write down the places to send.

What are regulations on decision form on consideration of exemption from serving a prison sentence in Vietnam?

In Form 6 of the Joint Circular 01/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions on the following:

DECISION

ON EXEMPTION FROM THE EXECUTION OF PENALTY JUDGMENTS

COURT ... ⁽³⁾

- The composition of the meeting council to consider exemption from serving prison sentences includes: ⁽⁴⁾

Judge - Chairman of the session: Mr. (Ms.) ……………………………………………………..

The Judges: Mr. (Ms.): ……………………………………………………

                  Mr. (Ms.): ………………………………………………………………………

- Secretary of the meeting: Mr. (Ms.) ………………………………………………………………………….. ⁽⁵⁾

- Representative of the Procuracy …………………… ⁽⁶⁾ attending the meeting: Mr. (Ms.) …………………… - Procurator.

FOUND THAT:

Person serving prison sentence …………………… ⁽⁷⁾ is …………………… ⁽⁸⁾

Court ……………………………………………………………………………………………… ⁽⁹⁾

Sanctions... for crimes (crimes) ……………………………………………………. ^(ten)

According to the point(s)... clause(s) ... Article(s)... of the Penal Code.

Decision on execution of prison sentence …………………………………………………….. ⁽¹¹⁾

WHEREAS:

After studying the application file for consideration of exemption from serving prison sentences for persons serving prison sentences and hearing the representatives of the Procuracy express their opinions,

The request for exemption from serving prison sentence …………………………………………………… ⁽¹²⁾

……………………………………………………………………………………………….

……………………………………………………………………………………………….

……………………………………………………………………………………………….

……………………………………………………………………………………………….

……………………………………………………………………………………………….

Pursuant to Article 62 of the Penal Code;

Pursuant to Articles 21 and 39 of the Law on Execution of Criminal Judgments,

DECISION:

1.... ⁽¹³⁾ Procuracy's proposal... ⁽¹⁴⁾ on exemption from serving prison sentences for persons serving prison sentences.

2. Exemption from serving prison sentences/No exemption from serving prison sentences for persons serving prison sentences ……………………………………………………………………………………………… ……………………. ⁽¹⁵⁾

3. This decision takes effect from the date of expiration of the time limit for protesting.

Instructions for using form No. 06-THAHS:

(1) and (3) write the name of the Court that issued the decision (for example, the People's Court of Hanoi).

(2) The first box contains the number, the second the year of the decision (eg 04/2021/THAHS-QD).

(4), (5) and (6) write the full name of the Judge. If it is a military court, do not write "Mr. (Mrs.)" but write the military rank; Secretary of the meeting and specify which Court Clerk or Verifier of the Court as instructed at point; Procurators of the Procuracy participated in the meeting.

(7) write the full name of the sentenced person.

(8) write down the place of residence of the sentenced person.

(9) write the name of the Court whose judgment/decision has legal effect.

(10) write down the level of punishment and crime according to the legally effective judgment or decision.

(11) write the number, symbol, date, month and year of the court that issued the decision to execute the prison sentence; decision to postpone the serving of prison sentence or decide to suspend the serving of prison sentence.

(12) note the findings of the meeting Council, the grounds for accepting or not accepting the proposal; legal basis to settle the case.

(13) If the entire proposal of the Procuracy is accepted, write "Accepting the proposal of..."; write partial acceptance, write "Partial acceptance"; If not, write "Not Accepted".

(14) clearly state the name of the proposed Procuracy.

(15) write full name, year of birth (if the person is under 18 years old, write the full day, month and year of birth), place of residence of the sentenced person.

(16) the person serving the prison sentence, the Procuracy at the request, the Procuracy of the immediate superior, the criminal judgment execution agency of the same level, the Court that has issued the decision to execute the prison sentence, the People's Committee the commune level where the person exempted from serving the prison sentence resides, the military unit assigned to manage him/her, the Department of Justice where the court that has issued the decision is located, the Ministry of Foreign Affairs in the case of the person exempted from serving the prison sentence is a foreigner.

Best Regards!