Cases of Postponement of Execution of Death Sentences

Tuyet Hoan

07:46, 11/07/2024

Execution of the death penalty is the act of a competent authority depriving a convict of the right to life in accordance with the provisions of the Law on Execution of the Death Penalty 2010. The law stipulates that in certain cases and for certain reasons, the decision to execute the criminal sentence may be temporarily postponed.

To be specific, according to the provisions of Article 58 of the 2010 Law on the Enforcement of Criminal Judgments, the Execution Council shall decide to postpone the execution of the death penalty in the following cases:

- The convicted person falls under the provisions of Article 35 of the Penal Code;- There are force majeure reasons;- Immediately before the execution, the convict declares new details about the crime.

Simultaneously, when deciding to postpone the execution of the death penalty, the Council must make a record specifying the date, time, month, year, and location of the execution; names and positions of the members of the execution council; and the reasons for postponement.

The postponement record must be signed by all members of the Execution Council, filed in the death penalty execution dossier, and reported to the Chief Justice of the Court that issued the execution decision, the Chief Procurator of the Provincial People's Procuracy, the military region, and the provincial or military region criminal judgment execution agency.

Judicial support police or judicial guards escort and hand over the person whose death penalty execution is postponed to the detention center for continued management and custody. The handover and receipt of the person whose death penalty execution is postponed must be recorded in writing.

More details can be found in the 2010 Law on the Enforcement of Criminal Judgments which took effect on July 1, 2011.

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