11 Prohibited acts in the execution of criminal judgments in Vietnam

11 Prohibited acts in the execution of criminal judgments in Vietnam (Internet image)

Principles of execution of criminal judgments in Vietnam

Pursuant to Article 4 of the Law on Execution of Criminal Judgments 2019, the principles of criminal judgment execution are as follows:

- Abidance by the Constitution and law, guarantee of the interests of the State and the legitimate rights and interests of agencies, organizations, and individuals.

- Legally effective court judgments and decisions must be respected and strictly complied with by agencies, organizations, and individuals.

- Guarantee of socialist humanism; respect for the dignity and legitimate rights and interests of sentenced persons, persons serving judicial measures, and legitimate rights and interests of sentenced corporate legal entities.

- Combination of punishment and education in the execution of judgments; application of educational measures based on the nature and severity of crimes committed, age, gender, educational level and other personal characteristics of sentenced persons.

- Execution of judgments against minors mainly aims to educate and help them correct their wrongful acts, develop healthily and become useful to the society.

- Sentenced persons are encouraged to show their repentance, actively study and work to reform themselves and voluntarily pay compensations.

- Guarantee of the right to complain and denounce illegal acts and decisions of competent authorities or persons in execution of criminal judgments.

- Guarantee of the participation of agencies, organizations, individuals, and families in the execution of criminal judgments and community re-integration as per the law.

11 Prohibited acts in the execution of criminal judgments in Vietnam

Article 10 of the Law on Execution of Criminal Judgments 2019 stipulates 11 prohibited acts in the execution of criminal judgments in Vietnam as follows:

(1) Destroying supervision and detention facilities; destroying and intentionally damaging property of supervision and detention facilities; organizing escape or escaping from supervision and detention places; organizing escape or escaping while being escorted for judgment execution; rescuing inmates, persons serving judicial measures or person being escorted for judgment execution.

(2) Failing to abide by decisions to execute criminal judgments; obstructing or resisting the implementation of internal regulations on execution of criminal judgments or decisions or requests of competent authorities or persons in execution of criminal judgments.

(3) Organizing, provoking, instigating, involving, enticing, abetting or forcing others to violate the law on execution of criminal judgments; taking revenge on or infringing upon the life, health, honor, dignity and property of persons in charge of executing criminal judgments.

(4) Failing to issue decisions to execute criminal judgments; failing to execute decisions to set free persons who are released in accordance with law and other decisions of competent authorities or persons in execution of criminal judgments.

(5) Giving, taking, brokering bribes, or causing harassment in execution of criminal judgments.

(6) Illegally releasing persons who are in detention, are being escorted for judgment execution; showing irresponsibility in the management, guard and escort for judgment execution resulting in the escape of persons serving a prison sentence, death sentence or expulsion sentence.

(7) Abusing positions and powers to request exemption from or reduction of the duration, postponement or suspension of the serving of a sentence, parole, or shortening probation period for ineligible persons; failing to request exemption from or reduction of the duration, postponement or suspension of serving a sentence, parole, or shortening probation period for eligible persons;

Requesting or failing to request early termination of serving judicial measures, postponement or suspension of serving judicial measures; obstructing sentenced persons or corporate legal entities from exercising the rights as specified in the Law on Execution of Criminal Judgments 2019.

(8) Torturing and using brutal, inhuman or humiliating treatment or punishment against sentenced persons or persons serving judicial measures.

(9) Differentiating, discriminating or infringing upon legitimate rights and interests of sentenced persons or corporate legal entities.

(10) Issuing or refusing to issue decisions, certificates or other papers regarding execution of criminal judgments in violation of law.

(11) Falsifying dossiers and records related to execution of criminal judgments.

Ngoc Nhi

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