During the Execution of Duties, How are Individuals Serving Administrative Sanctions Penalized?

During the period of serving NV, how is the offender serving a VPHC sentence handled? (Illustrative photo)

According to Circular 65/2019/TT-BCA, during the period of serving NV in the community, the following measures are taken for an offender serving a VPHC sentence:

1. If the offender violates the obligations of the offender, the commune-level police must make a record of handling or report to the commune-level People's Committee, and propose the district-level criminal judgment execution agency to handle in accordance with the Law on Criminal Judgment Execution and related laws.

2. If the offender violates the law and is administratively sanctioned, the commune-level police shall file the decision to impose administrative sanctions and related documents (if any) into the monitoring file to manage and educate the offender as a basis for evaluation; assist the commune-level People's Committee to report to the district-level criminal judgment execution agency for record in the execution file.

3. If the offender is placed in a reformatory, compulsory education institution, compulsory medical treatment facility, or compulsory detoxification center, the following should be done:

- The district-level criminal judgment execution agency and the commune-level People's Committee must cooperate with the relevant agencies and organizations to execute the judgment and manage, supervise, and educate the offender;

- Immediately after the offender is placed in a reformatory, compulsory education institution, compulsory medical treatment facility, or compulsory detoxification center, the commune-level police shall assist the commune-level People's Committee to notify these agencies or organizations to cooperate in managing, supervising, and educating the offender and propose a written evaluation of the offender's compliance with the internal regulations of such institutions per Clause 2, Article 10 of Circular 65/2019/TT-BCA for inclusion in the management, supervision, and educational files and as a basis for evaluations and reports; report to the district-level criminal judgment execution agency for follow-up.

- In the event that the offender completes the decision to be placed in a reformatory, compulsory education institution, compulsory medical treatment facility, or compulsory detoxification center but has not yet completed the sentence, the execution of the sentence continues according to the regulations. If the execution term expires but the offender has not yet completed the decision to be placed in the reformatory, compulsory education institution, compulsory medical treatment facility, or compulsory detoxification center, the procedure to conclude the execution is carried out in accordance with Article 15 of Circular 65/2019/TT-BCA.

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

Thuy Tram

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