18:51, 10/07/2024
Continuing from Part 1, Lawnet would like to share with everyone a compilation of documents under the authority of the procurator to sign (sign on behalf, sign by order) when supervising temporary detention, custody, and the execution of criminal sentences in Vietnam.
Article table of contents
Legal Basis: Decision No. 501/QD-VKSTC (Appendix on the authority to sign documents under the professional form system regarding the supervision of detention, temporary detention, and criminal execution).
DOCUMENTS UNDER THE SIGNING AUTHORITY OF PROCURATORS IN 2018 IN VIETNAM
| No. |
Case |
Documents under Signing Authority |
| 1 |
Procurators of the Supreme People's Procuracy sign on behalf of the Head of the Supreme People's Procuracy by delegation or authorization |
- Request self-inspection on detention and temporary detention and notify the result to the Procuracy;
- Request self-inspection on criminal enforcement and notify the result to the Procuracy;
- Request the provision of records and documents related to the enforcement of detention and temporary detention;
- Request the provision of records and documents related to the enforcement of criminal judgments;
- Request notification of the situation of detention and temporary detention enforcement;
- Request a response regarding decisions, measures, or acts violating the law in detention and temporary detention;
- Decision to release those detained or temporarily detained without foundation and contrary to the law;
- Decision to release those serving imprisonment sentences without foundation and contrary to the law;
- Request explanation, correction of the court's judgment or decision (except for decisions of the Council of Judges of the Supreme People's Court);
- Decision on direct surprise inspection of detention and temporary detention;
- Decision on direct surprise inspection of criminal enforcement;
- Decision on direct supervision of detention, temporary detention, and imprisonment penalty enforcement;
- Plan on direct supervision of detention, temporary detention, and imprisonment penalty enforcement;
- Conclusion on direct supervision of detention, temporary detention, and imprisonment penalty enforcement;
- Decision on direct supervision of criminal enforcement;
- Plan on direct supervision of criminal enforcement;
- Conclusion on direct supervision of criminal enforcement;
- Decision on direct supervision of imprisonment penalty enforcement at the prison;
- Plan on direct supervision of imprisonment penalty enforcement at the prison;
- Conclusion on direct supervision of imprisonment penalty enforcement at the prison;
- Decision on direct supervision of the implementation of protest and recommendation;
- Plan on direct supervision of the implementation of protest and recommendation;
- Conclusion on direct supervision of the implementation of protest and recommendation;
- Recommendation regarding decisions or acts violating the law in detention and temporary detention;
- Recommendation regarding decisions or acts violating the law in criminal enforcement;
- Recommendation regarding decisions or acts violating the law in detention, temporary detention, and imprisonment penalty enforcement;
- Protest regarding decisions or acts violating the law in detention, temporary detention, and imprisonment penalty enforcement;
- Protest regarding decisions or acts violating the law in detention and temporary detention;
- Protest regarding decisions or acts violating the law in criminal enforcement;
- Request to prosecute the criminal case in detention and temporary detention;
- Request to prosecute the criminal case in criminal enforcement;
- Decision to prosecute the criminal case in detention and temporary detention;
- Decision to prosecute the criminal case in criminal enforcement.
|
| 2 |
Senior Procurators working at the Supreme People's Procuracy (Department of Supervision of Detention, Temporary Detention, and Criminal Execution) sign on behalf of the Head of the Supreme People's Procuracy by delegation or authorization |
- Request the provision of records and documents related to detention and temporary detention enforcement;
- Request the provision of records and documents related to criminal enforcement;
- Plan on direct supervision of detention, temporary detention, and imprisonment penalty enforcement (when assigned as Head of the inspection team);
- Conclusion on direct supervision of detention, temporary detention, and imprisonment penalty enforcement (when assigned as Head of the inspection team);
- Plan on direct supervision of criminal enforcement (when assigned as Head of the inspection team);
- Conclusion on direct supervision of criminal enforcement (when assigned as Head of the inspection team);
- Plan on direct supervision of imprisonment penalty enforcement at the prison (when assigned as Head of the inspection team);
- Conclusion on direct supervision of imprisonment penalty enforcement at the prison (when assigned as Head of the inspection team);
- Plan on direct supervision of the implementation of protest and recommendation (when assigned as Head of the inspection team);
- Conclusion on direct supervision of the implementation of protest and recommendation (when assigned as Head of the inspection team);
- Recommendation regarding decisions or acts violating the law in detention and temporary detention;
- Recommendation regarding decisions or acts violating the law in criminal enforcement (except the Supreme People's Court);
- Recommendation in detention, temporary detention, and imprisonment penalty enforcement.
|
| 3 |
Intermediate procurators who are departmental leaders at the Provincial People's Procuracy sign on behalf of the Head of the Provincial People's Procuracy by delegation or authorization |
- Request the provision of records and documents related to detention and temporary detention enforcement (request for: detention houses, temporary detention camps, temporary detention rooms of the Border Guard).
- Request the provision of records and documents related to criminal enforcement (request for: detention houses, temporary detention camps, criminal enforcement agencies of the district police, district-level People's Committees, district-level People’s Courts);
- Plan on direct supervision of detention, temporary detention, and imprisonment penalty enforcement (when assigned as Head of the inspection team);
- Conclusion on direct supervision of detention, temporary detention, and imprisonment penalty enforcement (direct inspection conclusion at temporary detention camps, detention houses, temporary detention rooms of the Border Guard when assigned as Head of the inspection team);
- Plan on direct supervision of criminal enforcement (when assigned as Head of the inspection team);
- Conclusion on direct supervision of criminal enforcement (direct inspection conclusion at the criminal enforcement agencies of the district police, district-level People's Committees when assigned as Head of the inspection team);
- Plan on direct supervision of imprisonment penalty enforcement at the prison (when assigned as Head of the inspection team);
- Plan on direct supervision of the implementation of protest and recommendation (at temporary detention camps, detention houses, criminal enforcement agencies of the district police, district-level People's Committees when assigned as Head of the inspection team);
- Conclusion on direct supervision of the implementation of protest and recommendation (direct inspection conclusion at temporary detention camps, detention houses, criminal enforcement agencies of the district police, district-level People's Committees when assigned as Head of the inspection team);
- Recommendation in detention, temporary detention, and criminal enforcement (recommendation in detention, temporary detention on violations of detention camps, detention houses, temporary detention rooms of the Border Guard; relevant authorities, individuals in detention camps, detention houses, temporary detention rooms of the Border Guard, and recommendation in criminal enforcement to district-level People's Courts, criminal enforcement agencies of the district police, district-level People's Committees; relevant authorities, individuals in criminal enforcement of district-level People's Courts, criminal enforcement agencies of the district police, district-level People's Committees).
|
| 4 |
Intermediate procurators at the Provincial People's Procuracy, Junior procurators at the District People's Procuracy sign on behalf of the Head of the Provincial and District People's Procuracy by delegation or authorization |
- Notification of the court's request for criminal execution delegation;
- Notification of reception and supervision of criminal execution delegation;
- Notification of postponement of imprisonment sentence execution;
- Notification of reception and supervision of postponed imprisonment sentence execution;
- Notification of temporary suspension of imprisonment sentence execution;
- Notification of reception and supervision of temporarily suspended imprisonment sentence execution;
- Notification of the death of a person whose imprisonment sentence was postponed or temporarily suspended;
- Notification of reception and supervision of imprisonment sentence termination;
- Notification of the death of a prisoner;
- Notification of reception and supervision of imprisonment sentence termination;
- Notification of prisoners being released on parole;
- Notification of reception and supervision of parole release;
- Notification of the execution of a suspended sentence or non-custodial reform sentence;
- Notification of the reception and supervision of the execution of a suspended sentence or non-custodial reform sentence.
|
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