What is effective time of decision on remission or non-acceptance of remission of the non-custodial sentence in Vietnam?
What is effective time of decision on remission or non-acceptance of remission of the non-custodial sentence in Vietnam? What are regulations on enforcement of the decision on remission of non-custodial sentence in Vietnam?
Please advise. Thankyou.
1. What is effective time of decision on remission or non-acceptance of remission of the non-custodial sentence in Vietnam?
In Clause 5, Clause 6, Article 7 of Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are provisions on effective time of decision on remission or non-acceptance of remission of the non-custodial sentence as follows:
5. The decision on remission or non-acceptance of remission of the non-custodial sentence shall take legal effect from the date of expiration of the protest time limit. The procedures for handling protests comply with Chapters XXII, XXV and XXVI of the Criminal Procedure Code.
6. The decision on remission or non-acceptance of remission of the non-custodial sentence shall be sent according to Clause 5, Article 103 of the Law on Criminal Judgment Enforcement, and the People's Committees of communes and army units which are assigned to supervise and educate the convict.
2. What are regulations on enforcement of the decision on remission of non-custodial sentence in Vietnam?
Article 8 of the Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP provides for enforcement of the decision on remission of non-custodial sentence as follows:
1. When the decision on remission of the non-custodial sentence takes legal effect, the criminal judgment enforcement agency of the district-level police division or the criminal judgment enforcement agency of military-zone level shall remit the length of the sentence for the convict to keep the judgment enforcement records and send a notice to the commune-level People's Committee or military unit assigned to supervise and educate the convict of non-custodial sentence.
2. If the remaining length of the non-custodial sentence is all remitted, the requesting agency shall issue a certificate of completion of the non-custodial sentence as prescribed in clause 4 Article 97 of the Law on Enforcement of Criminal Judgments. The time of issuance of the certificate is counted from the effective date of the decision on remission of the non-custodial sentence.
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