Vietnam: Information in the database on criminal judgment execution

What does information in the database on criminal judgment execution include? - Dinh Duy (Quang Nam, Vietnam)

Vietnam: Information in the database on criminal judgment execution (Internet image)

1. What is a database on criminal judgement execution?

According to Clause 1, Article 4 of Decree 59/2020/ND-CP, the database on criminal judgment execution is a collection of information on the situation and results of criminal judgment execution; and other information related to persons and commercial legal entities serving judgments and decisions of the Court on penalties and judicial measures.

2. Information in the database on criminal judgment execution

* Information on the situation and results of criminal judgment execution

Specifically, in Clause 1, Article 8 of Decree 59/2020/ND-CP, information on the situation and results of criminal judgment execution in the criminal judgment execution database includes:

- Data on people and commercial legal entities serving sentences and serving judicial measures;

- Situation and results of criminal judgment execution against persons and commercial legal entities serving judgments or serving judicial measures;

- The situation of human resources, material foundations, and technical and professional equipment in the service of criminal judgment execution.

* General information about both the person sentenced and the person serving the judicial measure

The basic information about the sentenced person and the person serving the judicial measure in the database on criminal judgment execution is specified in Clause 2, Article 8 of Decree 59/2020/ND-CP, specifically as follows: after:

- Judgments and decisions shall be enforced according to the provisions of Article 2 of the Law on Execution of Criminal Judgments 2019;

- Curriculum vitae of the person serving the sentence or serving the judicial measure;

- Summary of criminal history;

- Criminal record;

- Civil obligations in criminal judgments and the performance of civil obligations;

- Progress in the process of serving sentences and serving judicial measures, including:

+ Postponement or suspension of sentence execution; exemption or reduction of sentence serving term;

+ Release of prisoners before the conditional term; annul the decision to release prisoners before the conditional term;

+ Forcible execution of the prison sentence of the suspended sentence;

+ Suspension of the enforcement of judicial measures for compulsory medical treatment;

+ Postponing or temporarily suspending the execution of educational judicial measures at reformatories;

+ Terminating before the time limit the execution of the judicial measure of education at a reformatory;

+ Settlement of cases where the person serving sentences or serving judicial measures flees or dies; results of judgment execution and execution of judicial measures.

place of residence and work of the sentenced person or judicial measure-executing person after serving the penalty or judicial measure.

* Basic information on commercial legal entities that are serving sentences and judicial measures

According to Clause 3, Article 8 of Decree 59/2020/ND-CP, basic information about commercial legal entities serving sentences and serving judicial measures in the criminal judgment execution database includes:

- Judgments and decisions shall be enforced according to the provisions of Article 2 of the Law on Execution of Criminal Judgments 2019;

- Information on commercial legal entities serving sentences and serving judicial measures;

- Summary of criminal history;

- Civil obligations in criminal judgments and the performance of civil obligations;

- Progress in the process of serving sentences and serving judicial measures, including coercive judgment enforcement and transfer of judgment enforcement obligations; results of judgment execution and execution of judicial measures.

3. Methods for collecting and updating information in the criminal judgment execution database in Vietnam

The collection and updating of information in the database on criminal judgment execution shall be carried out in the following forms:

- Periodic reports, case reports, thematic reports on criminal judgment execution, and statistical data according to the form prescribed by the Minister of Public Security and the Minister of National Defense of Vietnam;

- Records of commercial persons and legal entities serving judgments and serving judicial measures;

- Relevant databases;

- Other forms

(Clause 3, Article 8 of Decree 59/2020/ND-CP)

Thanh Rin

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