What is handling for fighting during postponement period of serving of prison sentences in Vietnam?

What is handling for fighting during postponement period of serving of prison sentences in Vietnam?

Pursuant to Clause 4, Article 25 of the Law on Criminal Judgment Execution 2019 has the following provisions:

4. During the postponement period, if the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order, the People’s Committee of commune or military unit in charge shall report the criminal judgment execution agency of district-level police office or of military zone to request the competent chief judge to consider issuing a decision to cancel the decision to postpone the serving of the prison sentence.

Within 3 working days after issuing a decision to cancel the decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the individuals and agencies prescribed in Clause 3 Article 24 of this Law. Immediately after obtaining the decision of the court, the criminal judgment execution agency of district-level police office or of military zone shall execute the judgment.

If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.

Thus, according to the above provisions in Vietnam, if your brother has a fight that adversely affects security, social safety and order, the decision to postpone the serving of a prison sentence may be canceled.

Which agency has authority to request a postponement of serving of prison sentences of sentenced persons in Vietnam?

According to Article 16 of the Law on Criminal Judgment Execution 2019, tasks and powers of the criminal judgment execution management agencies of district-level police offices are as follows:

1. Assist chiefs of district-level police offices in managing and directing the execution of criminal judgments in their respective districts:

a) Providing professional instructions on the execution of criminal judgments according to their competence for commune-level People's Committees; directing and examining commune-level police offices in their assistance for commune-level People's Committees in performing the tasks of executing criminal judgments under this Law:

b) Following the statistics and reporting regulations as guided by the criminal judgment execution management agency of the Ministry of Public Security.

2. Receive court judgments and decisions, judgment execution decisions, relevant documents, compile dossiers and organize execution of criminal judgments against persons serving suspended sentences, community sentences, prohibition from residence, prohibition from holding certain positions, practicing certain professions or performing certain jobs, deprivation of certain citizenship rights, mandatory supervision; management of persons whose prison sentences are postponed or suspended, parolees.

3. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments to request competent courts to consider deciding suspension of the serving of prison sentences, reduction of the duration of serving prison sentences, paroles granted to sentenced inmates who are held in custody houses, shortening probation period granted to parolees.

4. Escort for judgment execution against persons sentenced to prison while on bail, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, and persons whose decisions on parole are cancelled by the court.

5. Directly manage inmates for custody and detention purposes at custody houses.

6. Serve judgment execution decisions on persons sentenced to prison who are held in custody houses and send reports to criminal judgment execution agencies of provincial-level police departments.

7. Compile dossiers and make reports to criminal judgment execution agencies of provincial-level police departments for request to the criminal judgment execution management agency of the Ministry of Public Security to issue decisions to send persons sentenced to prison who are held in custody houses, persons whose prison sentences are postponed or suspended, persons on probation who are forced to serve the original prison sentences, persons whose decisions on parole are cancelled by the court to serve their sentences.

8. Request competent courts to consider deciding the suspension of the serving of prison sentences of sentenced persons while on bail, forcing persons serving suspended sentences who violate the terms of probation to serve the remainder of the sentences in prison, cancel decisions on parole granted to persons who violate the terms of parole and compel such persons to serve the remainder of the sentences in prison, shortening probation period granted to persons serving suspended sentences, reduction of the serving of community sentences, and exemption from serving the remainder of the sentences granted to persons subject to mandatory supervision or prohibition from residence.

9. Request competent authorities to release wanted notices against persons evading serving their sentences; issue decisions to transfer inmates or follow inmate transfer orders of competent authorities or persons.

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According to this Article, the authority to request a postponement of the serving of prison sentences for prisoners belongs to the criminal judgment execution management agencies of district-level police offices in Vietnam.

Best Regards!