Will a person who has been sent to a reform school and is discovered to have committed a crime still be liable for criminal responsibility in Vietnam?

Will a person who has been sent to a reform school and is discovered to have committed a crime still be liable for criminal responsibility in Vietnam?

Pursuant to Clause 3, Article 5 of Decree 140/2021/ND-CP, transfer the dossier of a person subject to the measure of sending to a reformatory with signs of a crime for criminal prosecution as follows:

3. In the case of students and detainees who are serving the decision to apply the measure of sending them to reformatories or compulsory education establishments, if violations of the person subject to this measure are later discovered If there are signs of a crime but the statute of limitations for criminal prosecution has not yet expired, it will be resolved as follows:

a) The competent criminal proceedings agency shall send a document with the decision to prosecute the case and the decision to prosecute the defendant to request the district-level People's Court where the decision has been made to apply the measure of prosecution. sent to reformatories or compulsory education establishments shall consider and decide to cancel the decision to apply the measure of sending them to reformatories or compulsory education establishments;

b) Within 03 days from the date of cancellation of the decision, the People's Court must send the decision and hand over the subject's file to the competent criminal proceedings agency, and at the same time send the decision to reformatories and compulsory education establishments. Within 03 days from the date of receiving the decision to cancel the decision to apply the measure of sending to a reformatory or compulsory education facility, the competent criminal proceedings agency is responsible for going to the reformatory and compulsory educational establishments to receive people;

c) In case there is one of the following decisions: decision not to prosecute the case, decision to cancel the decision to prosecute the case, decision to suspend the case against the defendant, decision to suspend the investigation, decision to suspend the investigation of the accused or the People's Court declares not guilty, the competent criminal proceedings agency shall send a document with the dossier and one of the following: The above decision shall be sent to the district-level People's Court where the decision to cancel the decision to apply the measure of sending to reformatories or compulsory educational establishments to consider and decide to cancel the previous decision to continue implementing the decision to send that person to a reform school or to a compulsory education facility.

Thus, if your child is in a reformatory and the competent authority discovers a violation with signs of a crime but the statute of limitations for criminal prosecution has not yet expired, the case will be prosecuted and a decision will be made to prosecute the accused. If the Court finds him guilty, he will still be prosecuted for criminal liability according to the law in Vietnam.

Will a person who has been sent to a reform school and is discovered to have committed a crime still be liable for criminal responsibility in Vietnam? (Image from the Internet)

What is settlement for committing crimes while serving measure of being sent to a reformatory in Vietnam?

Pursuant to Clause 2, Article 6 of Decree 140/2021/ND-CP on criminal prosecution for crimes committed before or during the time of serving the measure of sending to reformatories as follows:

2. In cases where students or detainees are serving decisions at reformatories or compulsory educational establishments, they commit crimes before or during the time of serving the measure of being sent to reformatories or educational establishments. If required, resolve as follows:

a) The competent criminal proceedings agency shall send documents with the decisions to prosecute the case and the decision to prosecute the accused to the principal of the reformatory or the director of the compulsory education facility;

b) Within 03 days from the date of receiving the written request, the Principal of the reformatory, the Director of the compulsory educational facility shall issue a decision to temporarily suspend the implementation of the decision for students and campers. Immediately send the decision to the competent criminal proceedings agency, and at the same time notify the People's Court where the decision to apply the measure of sending to reformatories or compulsory education establishments is made;

c) Within 03 working days from the date of receiving the suspension decision, the competent criminal proceedings agency is responsible for going to the reformatory or compulsory education facility to admit the student;

d) The period of temporary suspension or extension of temporary suspension (if any) must not exceed the remaining time of the decision to apply the measure of sending to a reformatory or compulsory education facility. If the date of completion of the time limit for applying the measure of sending to a reformatory or compulsory educational facility is the same date as the expiration date of the temporary suspension or extension of suspension (if any), the Principal of the reformatory, the Director Compulsory educational institutions are responsible for carrying out procedures as prescribed in Article 42 and Article 43 of this Decree.

According to this Article, if a crime is committed while serving the measure of being sent to a reformatory, it will be handled as above in Vietnam.

Best regards!