What are mitigating factors for disciplinary measures of inmates in Vietnam applied from November 15, 2024?
What are mitigating factors for disciplinary measures of inmates in Vietnam applied from November 15, 2024?
Based on Article 28 of Decree 118/2024/ND-CP regulating mitigating factors for disciplinary measures in Vietnam:
Article 28. Mitigating factors for disciplinary measures
Inmates in violation who meet one of the following conditions may be considered for reduced disciplinary measures:
- First-time offenses that result in insignificant consequences; make truthful and sincere confessions about their own and others' violations; proactively prevent others' violations; actively remediate the consequences caused by them (if any).
- Repentance, acknowledgment of mistakes, voluntary acceptance of fault, active engagement in education, correcting their violations.
[...]
Thus, inmates in violation who meet one of the following conditions may be considered for reduced disciplinary measures:
- First-time offenses that result in insignificant consequences
- Truthful and sincere confessions about their own and others' violations
- Proactively preventing others' violations- Actively remediating the consequences caused by them (if any)
- Repentance, acknowledgment of mistakes, voluntary acceptance of faults, active engagement in education, correcting their violations.
- Violations committed under threat, coercion, inducement, or enticement by other inmates
- Mentally provoked due to violations by other inmates or other objective reasons.
- Noteworthy achievements or outstanding achievements in compliance with prison sentences, with a commendation decision.
- Elderly inmates: males from 70 years old onwards, females from 65 years old onwards- Inmates with disabilities or physical, mental defects
- Inmates with terminal illnesses, severe illness, or pain
- Inmates with illnesses that limit their cognitive abilities or control over their behavior
- Pregnant female inmates, on maternity leave, or nursing children under 36 months old- Inmates under 18 years old
What are mitigating factors for disciplinary measures of inmates in Vietnam applied from November 15, 2024? (Internet image)
What are the Rights and Obligations of Inmates in Vietnam?
Based on Article 27 of the Law on Execution of Criminal Judgments 2019 stipulating the rights and obligations of inmates as follows:
[1] Inmates have the following rights:
- Have their lives, health, assets, dignity protected and respected; having been informed of their rights and obligations and regulations of places of detention;
- Receive board and lodging, clothes, personal care, health care as prescribed; receive letters, gifts, money; read books, newspaper, listen to the radio, watch television in conformity with conditions of the place where they serve the sentence;
- Participate in physical training and sports, cultural and performance activities;
- Participate in work, study, apprenticeship activities;
- Meet and contact with relatives, representatives of agencies, organizations, and individuals; or have consular visit and contact in case of foreign inmates;
- Conduct civil transactions as per the law by themselves or via their representatives;
- Lodge complaints and denunciation; request amnesty or claim damages as per the law;
- Participate in voluntary social insurance, enjoy policies on social insurance as per the law;
- Use prayer books, express religious belief and faiths as per the law;
- Receive commendation upon their high performance during their serving time.
[2] Inmates have the following obligations:
- Serve the legally effective court judgment or decision, abide by decisions of criminal judgment execution management agencies, criminal judgment execution agencies during their serving time and other decisions of competent authorities;
- Abide by regulations of the place of detention, serving emulation standards;
- Abide by requests, orders and instructions of officials of places of detention;
- Work, study and learn skilled trade as prescribed;
- Pay damages if they break, lose or destroy assets of other people.
What are cases where inmates in Vietnam are arranged for separate detention?
Based on Article 30 of the Law on Execution of Criminal Judgments 2019 on the detention of inmates:
Article 30. Detention of Inmates
1. Prisons organize the detention of inmates as follows:
a) Detention area for inmates with prison sentences over 15 years, life sentences, inmates considered dangerous recidivists;
b) Detention area for inmates with prison sentences up to 15 years; inmates with prison sentences over 15 years who have had their sentences reduced and the remaining duration is under 15 years; inmates considered dangerous recidivists who have served half of their sentence and had their sentences reduced;
c) Disciplinary cells for inmates undergoing disciplinary measures.
2. In the detention areas stipulated in clause 1, inmates below are arranged for separate detention:
a) Female inmates;
b) Inmates under 18 years old;
c) Foreign inmates;
d) Inmates with infectious diseases in group A according to the Law on Prevention and Control of Infectious Diseases;
[...]
Thus, the inmates arranged for separate detention include:
- Female inmates
- Inmates under 18 years old
- Foreign inmates
- Inmates with infectious diseases in group A
- Inmates showing signs of mental illness, other diseases depriving them of cognitive ability or control over their behavior while awaiting judicial decisions
- Inmates with children under 36 months entering a prison with their mothers- Inmates frequently violating regulations of the detention facility
Inmates who are homosexuals, transgender, or have an undetermined gender may be kept in separate detention.
In detention centers, female inmates and those frequently violating regulations are arranged for separate detention.
