Guidance on Criminal Liability for Offenses Committed Before Entering a Reformatory School

According to the provisions in Decree 02/2014/ND-CP, the prosecution for criminal acts conducted before or during the implementation of administrative measures of being sent to a reform school or a compulsory educational institution is executed as follows:

- In the case of detecting that a person subjected to the measure of being sent to a reform school or a compulsory educational institution commits a crime before or during the time of implementing the decision, the resolution is as follows:

- If the decision has not yet been implemented, at the request of the competent criminal proceeding authority, the principal of the reform school or the director of the compulsory educational institution shall issue a decision to temporarily suspend the implementation of the decision to send the individual to the reform school or the compulsory educational institution and transfer the dossier to the competent criminal proceeding authority;- If the decision is being implemented at the reform school or compulsory educational institution, at the request of the competent criminal proceeding authority, the principal of the reform school or the director of the compulsory educational institution shall issue a decision to temporarily suspend the decision for that individual, concurrently transfer the dossier and the individual to the criminal proceeding authority, and notify the district People's Court which issued the decision to send them to the reform school or compulsory educational institution.

- In case there is a decision to suspend the investigation, suspend the case, or the court declares the individual not guilty, the criminal proceeding authority shall return the individual to continue implementing the decision. Upon readmission, the principal of the reform school or the director of the compulsory educational institution shall issue a decision to revoke the decision of temporary suspension of the measure to send the individual to the reform school or compulsory educational institution previously issued.- In the case the individual is sentenced to imprisonment by the court, the principal of the reform school or the director of the compulsory educational institution must issue a decision to revoke the temporary suspension decision of the measure to send the individual to the reform school or compulsory educational institution by themselves issued.

For more related provisions, see Decree 02/2014/ND-CP, effective from February 25, 2014.

Thu Ba

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