When can the decision on exemption or non-acceptance of exemption from serving the remaining length of the residence prohibition or probation order take legal effect in Vietnam?
When can the decision on exemption or non-acceptance of exemption from serving the remaining length of the residence prohibition or probation order take legal effect in Vietnam? Please advise. Thankyou.
When can the decision on exemption or non-acceptance of exemption from serving the remaining length of the residence prohibition or probation order take legal effect in Vietnam?
In Clause 5, Clause 6, Article 15 of the Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there is a provision on procedure for consideration for exemption from serving the remaining length of residence prohibition or probation order are as follows:
5. The decision on exemption or non-acceptance of exemption from serving the remaining length of the residence prohibition or probation order 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 exemption or non-acceptance of exemption from serving the remaining length of the residence prohibition or probation order shall be sent according to Clause 3, Article 110, Clause 3 Article 117 of the Law on Criminal Judgment Enforcement, and the People's Committees of communes which are assigned to supervise and educate the convict
What are regulations on time limit for enforcement of decision on exemption from serving the remaining length of residence prohibition or probation order in Vietnam?
In Article 16 of the Joint Circular 04/2021/TTLT-TANDTC-VKSNDTC-BCA-BQP, there are regulations on enforcement of decision on exemption from serving the remaining length of residence prohibition or probation order as follows:
Within 03 working days after the decision on exemption from serving the remaining length of the residence prohibition or probation order takes legal effect, the criminal judgment enforcement agency of the district-level police division shall issue a certificate of completion of the residence prohibition or probation order as prescribed in Clause 5, Article 107 and Clause 5, Article 112 of the Law on Enforcement of Criminal Judgments.
Best Regards!
