Vietnam: What are the actions against officers who commit a new crime while serving a sentence in the community?

Vietnam: What are the actions against officers who commit a new crime while serving a sentence in the community? (Illustrative Image)

Under Circular 65/2019/TT-BCA, if a sentenced person commits a new crime and is criminally prosecuted, the criminal judgment enforcement authorities of the district-level police authority and commune-level police authority must cooperate with the procedural authorities handling the case to collect and supplement documents into the execution dossier, management, supervision, and education dossier of the sentenced person. Upon the conclusion of the procedural authorities, proceed as follows:

- If the sentenced person is sentenced to imprisonment or death, hand over the management, supervision, and education dossier of the sentenced person to the district-level criminal judgment enforcement authority. The district-level criminal judgment enforcement authority completes the procedure for reclassification, termination, and submission of the enforcement dossier for archiving as prescribed.

- If the sentenced person is not sentenced to imprisonment or death, continue to organize enforcement according to regulations.

The commune-level police authority shall advise the Commune People's Committee to report to the district-level criminal judgment enforcement authority to execute the procedure to compel them to serve the prison sentence as regulated by the Law on Criminal Judgment Execution if a person on a suspended sentence violates the obligations leading to mandatory serving of the prison sentence according to the suspended sentence decision, or a person eligible for pardon violates leading to the revocation of the pardon decision, or a sentenced person having their prison sentence execution postponed or suspended commits a new crime, flees, or violates the law causing adverse effects on security, order, and social safety. If the sentenced person flees, conduct a manhunt and organize apprehension.

Where the sentenced person is on community sentence, residential restriction, or probation and deliberately violates obligations that have been addressed but still continues to violate, the commune-level police authority shall advise the Commune People's Committee to propose competent authorities to prosecute criminal liability for the crime of non-compliance with the court judgment as prescribed in Article 380 of the Criminal Code.

Moreover, the process for review of those on suspended sentences, community sentences, and those eligible for pardon is as follows:

- The commune-level police authority shall advise the Commune People's Committee to organize a review meeting. The participants include representatives of the Commune People's Committee (chair), representatives of the Vietnam Fatherland Front at the grassroots level, residential community representatives, commune-level police authority representatives, assigned commune-level police authorityofficers managing, supervising, and educating the sentenced person (secretary), and the sentenced person's relatives (if any).

- Meeting content: The chair briefs the meeting's content; the sentenced person presents a self-review report, detailing the violation and corrective actions, and efforts for improvement; meeting participants provide opinions; the chair concludes, consolidates the findings and disciplinary measures for the sentenced person; drafts the meeting minutes signed by participants for archiving in the management, supervision, education file. The commune-level police authority the Commune People's Committee to report to the district-level criminal judgment enforcement authority on the review meeting (enclose the meeting minutes).

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

Thuy Tram

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