Can an Individual Serving a Sentence in the Community be Absent from their Place of Residence?

Can a person serving a community sentence request an absence from their residence? (Illustrative image)

According to Circular 65/2019/TT-BCA, the resolution for absence from the residence of a person serving a sentence is conducted as follows:

- Persons on probation, persons serving non-custodial reform sentences, persons whose prison sentence execution has been suspended, persons who have been temporarily suspended from serving their prison sentence, persons conditionally released early from prison who wish to be absent from their residence for 01 day or more, the Commune-level Police shall guide them to write an application for absence from their residence and consult the Commune-level People's Committee to review and decide on the application for absence from the residence of the sentenced person; the decision must clearly state whether it is approved or disapproved, in case of disapproval, the reason must be clearly stated.

Persons serving probationary supervision sentences who have legitimate reasons to request leaving the place of supervision, the Commune-level Police shall guide them to write an application for absence from the place of supervision and consult with the Commune-level People's Committee to handle leaving the place of supervision according to the provisions of Article 115 of the Law on Criminal Sentence Execution.

- When considering allowing the sentenced person to be absent from their residence, the Commune-level Police must base on the reason for the absence request, the situation, the results of the sentence execution process, the management, supervision, and education requirements for the sentenced person when absent from their residence, and must not exceed the period allowed for absence as prescribed by the Law on Criminal Sentence Execution.

When the sentenced person is granted permission to be absent from their residence, the Commune-level Police must explain and guide them on the procedures for temporary absence and temporary residence, to comply with the law, and fulfill the obligations of the sentenced person during the absence; upon return, the sentenced person must submit a confirmation from the Commune-level People's Committee or the Commune-level Police of the place of temporary residence or lodging as prescribed.

- Documents on the resolution of absence from residence of the sentenced person must be filed in the management, supervision, and education records of the sentenced person.

- The Commune-level Police must regularly monitor, check, and understand the situation of the sentenced person to promptly detect and prevent acts of violating obligations and laws. If a sentenced person leaves the residence without permission or report, the Commune-level Police must cooperate with the family to verify and resolve and handle according to the regulations.

More details can be found in Circular 65/2019/TT-BCA, effective from January 15, 2020.

Thuy Tram

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