Implementation of the Death Penalty: Legal Provisions and Procedures

Could you please inform me about the regulations regarding the implementation of the death penalty? Kindly provide assistance according to the new regulations.

According to Article 8 of Joint Circular 02/2020/TTLT-BCA-BQP-BYT-BNG-TANDTC-VKSNDTC regulating the implementation of the death penalty execution as follows:

  1. Based on the execution plan of the Death Penalty Execution Council, the provincial-level criminal judgment execution agency or the military zone-level criminal judgment execution agency is responsible for developing a plan to implement the death penalty execution, assigning, and arranging the necessary forces and means to ensure the execution of the death penalty.

  2. Assignment of specialized officers to execute the death penalty:

    a) The provincial-level criminal judgment execution agency, the military zone-level criminal judgment execution agency assigns officers to determine the vein; a forensic doctor from the provincial-level police, or the military unit of the military zone will expose the vein of the person being executed in cases where the vein cannot be determined;

    b) The Chairman of the Death Penalty Execution Council issues a written request to the Department of Health of the province, the centrally governed city where the Court has decided to execute the death penalty, to appoint a doctor from the affiliated hospital to the execution site to guide the execution officers in exposing the vein when necessary.

  3. In the case where the person to be executed is a woman, immediately after receiving the complete file to execute the death sentence, the Death Penalty Execution Council must request the head of the provincial-level criminal judgment execution agency or the head of the military zone-level criminal judgment execution agency to issue an extraction order to transfer the condemned person to the hospital under the Department of Health or the hospital at the military zone level, where the condemned person is being detained, to check and determine whether the condemned person is pregnant or not. The examination must be recorded in writing and confirmed by the hospital where the examination and determination were conducted.

Sincerely!

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