Methods of extraction and use of database on execution of criminal judgments in Vietnam

Methods of extraction and use of database on execution of criminal judgments in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Methods of extraction and use of database on execution of criminal judgments in Vietnam

According to Clause 1, Article 11 of Decree 59/2020/ND-CP, the methods of extraction and use of database on execution of criminal judgments include:

- Via local area network;

- In writing or request forms.

2. Entities and scope of extraction extraction and use of database on execution of criminal judgments in Vietnam

According to Clause 2, Article 11 of Decree 59/2020/ND-CP, entities and scope of extraction and use:

- The agencies participating in the development, collection, update of information and maintenance of the database on execution of criminal judgments shall be entitled to extract data on execution of criminal judgments under their management;

- The agencies, organizations and individuals that request information on persons or corporate legal entities serving sentences or judicial measures in the database on execution of criminal judgments shall comply with regulations of the state secrets protection law and the Law on Archives;

- If the request for information about persons or corporate legal entities serving sentences or judicial measures is illegal, violates regulations on protection of state secret and infringes upon rights and interests of persons or corporate legal entities serving sentences or judicial measures,  the agencies that have functions and tasks in provision of information shall have the right to refuse such request.

- The Ministry of Public Security and the Ministry of National Defense shall provide specific guidance on procedures and competence in permitting the fulfillment of requests and the scope of provision of information on execution of criminal judgment in the People's Public Security Force and the People's Army.

3. Information in database on execution of criminal judgments in Vietnam

Information in database on execution of criminal judgments under Article 8 of Decree 59/2020/ND-CP is as follows:

- The information on situations and results of execution of criminal judgments in database on execution of criminal judgments include:

+ Quantity of persons or corporate legal entities serving sentences or judicial measures;

+ Progress and results of execution of criminal judgments for persons or corporate legal entities serving sentences or judicial measures;

+ Available human resources, facilities, technical and professional equipment for execution of criminal judgments.

- The basic information about persons serving sentences or judicial measures in database on execution of criminal judgments include:

+ Executable judgments and decisions specified in Article 2 of Law on Execution of Criminal Judgments;

+ Personal history;

+ Brief description of the process of committing crimes; 

+ Previous convictions;

+ Previous administrative violations;

+ Civil obligations in criminal judgment and exercise of civil obligations;

+ Developments in the process of serving sentences and judicial measures, including postponement or suspension of serving sentences; exemption or reduction in the duration of  serving sentences; parole, cancellation of the decision on parole; forced serving of the suspended sentence; termination of execution of the measure of compulsory medical treatment;

Postponement or suspension of the serving of the measure of sending to a reformatory; termination of the serving of the measure of sending to a reformatory; handling of cases of death or escape of persons serving sentences and judicial measures and results of serving sentences and judicial measures;

+ Places of residence or work of persons serving sentences and judicial measures after completion of serving sentences and judicial measures.

- The basic information about corporate legal entities serving sentences or judicial measures in database on execution of criminal judgments include:

+ Executable judgments and decisions specified in Article 2 of Law on Execution of Criminal Judgments;

+ Information about corporate legal entities serving sentences or judicial measures;

+ Brief description of the process of committing crimes; 

+ Civil obligations in criminal judgment and exercise of civil obligations;

+ Developments in the process of serving sentences and judicial measures including coercive judgment execution; transfer of judgment execution obligation; results of serving sentences and judicial measures.

- Methods of collection and update of information:

+ Periodic reports, reports on cases, thematic reports on execution of criminal judgments and statistical data according to the form prescribed by the Minister of Public Security and the Minister of National Defense;

+ Documents on persons or corporate legal entities serving sentences or judicial measures;

+ Relevant databases;

+ Other forms.

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