Can a Person Penalized with Non-Custodial Reform Move Elsewhere for Work?
Article 36 of the Criminal Code 2015 stipulates Non-Custodial Reform as follows:
Non-custodial reform is applied from 06 months to 03 years for a person who commits a less serious crime or serious crime as stipulated by this Code, who has a stable place of work or a clear place of residence if it is deemed unnecessary to isolate the offender from society.
If the convicted person has been detained or held in custody, the detention or custody period shall be deducted from the non-custodial reform sentence, with every 01 day of detention or custody equaling 03 days of non-custodial reform.
The court shall assign the person sentenced to non-custodial reform to the agency, organization where that person works, studies, or the People’s Committee of the commune where that person resides for supervision and education. The family of the convicted person is responsible for cooperating with the agency, organization, or the People’s Committee of the commune in supervising and educating that person.
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Clause 4c of Article 14 of Decree 167/2013/ND-CP stipulates a fine ranging from 2,000,000 to 3,000,000 VND for one of the following acts:
The person who is on probation, or the person who is serving a non-custodial reform sentence, fails to fulfill the obligations of the executant as stipulated; fails to appear as required by the criminal enforcement agency, or the People’s Committee of the commune assigned to supervise and educate without a valid reason, or leaves the place of residence without the consent of the People’s Committee of the commune.
Thus, according to this regulation, there is no prohibition against a person serving a non-custodial reform sentence from leaving the place of residence for work, however, leaving the place of residence must be approved by the People’s Committee of the commune.
Respectfully!
