What contents do Council for consideration for exemption from serving the remaining length of residence prohibition or probation order decide in Vietnam?
Based on the application and opinions of the representative of the Procuracy, the Council for consideration for exemption from serving the remaining length of residence prohibition or probation order in Vietnam, what contents shall be decided? What do contents of the decision on exemption from serving the remaining length of residence prohibition or probation order in Vietnam comprise? Please advise. Thankyou
What contents do Council for consideration for exemption from serving the remaining length of residence prohibition or probation order decide in Vietnam?
In Clause 3, Article 15 of Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions on procedure for consideration for exemption from serving the remaining length of residence prohibition or probation order as follows:
3. Based on the application and opinions of the representative of the Procuracy, the Council for consideration for exemption from serving the remaining length of residence prohibition or probation order shall make one of the following decision:
a) Accept the application for exemption from serving the remaining length of residence prohibition or probation order;
b) Refuse the application for exemption from serving the remaining length of residence prohibition or probation order.
What do contents of the decision on exemption from serving the remaining length of residence prohibition or probation order in Vietnam comprise?
In Clause 4, Article 15 of Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions on contents of the decision on exemption from serving the remaining length of residence prohibition or probation order as follows:
4. Contents of the decision on exemption from serving the remaining length of residence prohibition or probation order shall conclude:
a) Date, month and year of the decision;
b) Name of the court issuing the decision;
c) Full name of the judge, procurator, secretary of the meeting;
d) Full name, year of birth, place of residence of the convict whose remaining length of residence prohibition or probation order is applied for exemption;
dd) Number, date, month and year of the legally effective court’s judgment or decision; number, date, and year of the decision on enforcement of the sentence;
e) Judgments of the Court and grounds for acceptance or refusal;
g) Decision of the Court;
h) Entry in force.
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