What is sample decision on rejecting shortening of the probation period for parolees in Vietnam?

What is sample decision on rejecting shortening of the probation period for parolees in Vietnam? (Image from the Internet)

What are regulations on sample decision on rejecting shortening of the probation period for parolees in Vietnam?

In Form No. 2 issued together with Joint Circular No. 03/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions as follows:

DECISION

REJECTING SHORTENING OF THE PROBATION PERIOD FOR PAROLEES

COURT ….. ⁽⁴⁾

- Members of the Council meeting to consider shortening of the probation period for parolees 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 who was granted parole of imprisonment is on probation at

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

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

After studying the dossier, it is proposed to shorten the probation period for parolees ……………………………………………………………… …………. ⁽¹⁰⁾

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

CONSIDERING:

The proposal to shorten the probation period for parolees is conditional on the reason that ………………………………………………………………… ………………….. ⁽¹¹⁾

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

DECISION:

1. Do not accept ………………'s proposal. ^(13 ) on shortening of the probation period for parolees ……………………………………………. ^(14 )

Sentenced to ………………………… ⁽¹⁵⁾ imprisonment for the crime (crimes) but was granted parole basis with a probation 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. 02-THAHS:

(1) and (4) list the name of the Court considering shortening of the probation period for parolees; 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 the name of the agency or organization assigned to supervise and educate the parolees.

(9) record the date, month, year, and number of documents requesting to shorten the probation period of the person released from prison before the conditional term of the Criminal Judgment Enforcement Agency where they reside or work (for example : On May 15, 2018, the criminal judgment enforcement agency of District B, Province A issued document No. 18/.... requesting to shorten the probation period of parolees).

(10) write down the full name, aliases, other common names (if any), and year of birth of the person released from prison before the conditional term. If the person released from prison before the conditional term is under 18 years old, write down the full date, month and year of birth.

(11) write down the reason for requesting to shorten the probation period of the person released from prison before the conditional term; 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 requesting agency.

(14) write the full names of aliases, other common names (if any), and year of birth of the person released from prison before the conditional term (if the person released from prison before the conditional term is under 18 years old, write in full). full date, month, year of birth), place of residence, ethnicity, gender, religion, nationality, and parents of the person released from prison before the conditional term.

(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!