Cases where a death sentence execution council may decide to stay execution of the death sentence in Vietnam

Cases where a death sentence execution council may decide to stay execution of the death sentence in Vietnam (Internet image)

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

1. Cases where a death sentence execution council may decide to stay execution of the death sentence in Vietnam

According to Clause 1, Article 81 of the Law on Execution of Criminal Judgments 2019, a death sentence execution council may decide to stay execution of the death sentence in the following cases:

(i) The sentenced person falls into a case specified in Clause 3 Article 40 of the Penal Code;

The life sentence shall not be executed in the following circumstances:

+ The convict is pregnant or a woman raising a child under 36 months of age;

+ The sentenced person is 75 years of age or older;

+ The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

(ii) There is a force majeure event or objective hindrance;

(iii) Immediately before the execution, the sentenced person reports new circumstances of the crime.

Note:

- If the sentenced person falls into a case under (i), the councils for execution of the death sentence shall stay execution of the sentence and report the chief judge of the court which issued the judgment execution decision to report the Chief Justice of the Supreme People’s Court for consideration.

For cases of stayed execution under (i) and (ii), when the reason for stay no longer exists, the chief judge of the court which has issued the execution decision shall request the death sentence execution council to proceed with the execution.

In case of change of a council member, the chief judge of the court which has issued the execution decision shall decide the addition of the council member or form a death sentence execution council under Article 78 of the Law on Execution of Criminal Judgments 2019.

(Clause 4, Article 81 of the Law on Execution of Criminal Judgments 2019)

2. Who is included in death sentence execution council in Vietnam?

The death sentence execution council shall be composed of:

- The council president who is the chief judge or deputy chief judge of the court which issued the judgment execution decision;

- The chief procurator or deputy chief procurator of the same-level procuracy;

- The head or deputy head of the same-level criminal enforcement agency.

(Clause 4, Article 78 of the Law on Execution of Criminal Judgments 2019)

3. Tasks and powers of a death sentence execution council in Vietnam

Specifically, in Clause 1, Article 79 of the Law on Execution of Criminal Judgments 2019, a death sentence execution council has the following tasks and powers:

- Decide the plan and make necessary preparations for ensuring the execution;

- Examine eligibility requirements for the person to be executed as required by the Penal Code and the Criminal Procedure Code; issue a decision to postpone the execution and report it to the chief judge of the court having issued the execution decision, if the sentenced person is ineligible for execution;

- Request related agencies and organizations to provide information and documents necessary for the execution; to request the people's armed forces unit, agencies and organizations to assist in assuring safety for the execution when necessary;

- Administer the execution according to plan;

- Notify the execution result to the criminal judgment execution management agency;

- Dissolve after fulfilling its tasks.

In which, the president of the death sentence execution council shall hold a meeting to announce decisions related to the execution, decide the lime of execution; contents to be kept secret; conditions to ensure the implementation of the execution plan; and the burial location in case receipt of the corpse is disallowed or there is no petition for receipt of the corpse.

The meeting must be recorded in a report to be included in the death sentence execution dossier.

(Clause 2, Article 79 of the Law on Execution of Criminal Judgments 2019)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE