How Many Days Can a Person Serving Probation Be Absent from Their Place of Residence?

Editorial Board, please let me know: According to the current law, how many days can a person serving a suspended sentence be absent from their place of residence? Looking forward to your response soon.

Pursuant to Article 92 of the 2019 Law on Execution of Criminal Judgments, the following provisions are stipulated:

- A person serving a suspended sentence may be absent from their place of residence for legitimate reasons and must seek permission according to Clause 2 of this Article, and must complete temporary absence registration in accordance with the law on residence. The time of absence from the place of residence for each occurrence shall not exceed 60 days, and the total time of absence from the place of residence shall not exceed one-third of the probation period, except in cases of illness requiring treatment at a medical facility as prescribed by a doctor, with certification of treatment from that medical facility.

- When a person serving a suspended sentence is absent from their place of residence, they must submit a request for permission and obtain the approval of the commune-level People's Committee or the military unit assigned to supervise and educate them. If permission is not granted, the commune-level People's Committee or the military unit must provide a written response stating the reasons. When the person serving the suspended sentence arrives at a new place of residence, they must report to the commune-level police authority of the new place of temporary residence or stay; upon the expiration of the temporary residence or stay, they must obtain certification from the commune-level People's Committee or the police authority of the place of temporary residence or stay. In cases where the person serving the suspended sentence violates the law, the commune-level People's Committee of the place to which they have traveled must inform the commune-level People's Committee or the military unit assigned to supervise and educate them, accompanied by relevant documentation.

- The resolution of cases involving changes in the place of residence or workplace of the person serving a suspended sentence shall be carried out in accordance with Article 68 of this Law.

- A person serving a suspended sentence is not permitted to leave the country during the probation period.

=> Therefore, according to the aforementioned provisions, a person serving a suspended sentence may be absent from their place of residence for legitimate reasons and must seek permission from the commune-level People's Committee, and complete temporary absence and residence registration. The time of absence from the place of residence for each occurrence shall not exceed 60 days, and the total time of absence shall not exceed one-third of the probation period. The editorial board responds to the information.

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