No Statute of Limitations: How to Handle Offenders?

According to the regulations in Clause 1, Article 43 of the 2019 Law on Execution of Criminal Judgments:

Article 43. Handling Violations by Prisoners

1. Prisoners who violate the rules of the detention facility or commit acts violating the law shall be disciplined depending on the nature and severity of the violation by one of the following forms:

a) Reprimand;

b) Warning;

c) Confinement in a disciplinary cell for up to 10 days.

When a prisoner serving a prison sentence does not comply with the rules and regulations of the detention facility, they will still be treated like ordinary citizens. However, the 2019 Law on Execution of Criminal Judgments does not yet specify the statute of limitations for handling prisoners' violations. The absence of this provision leads to complications in handling violations because there is no basis for dealing with acts that occurred some time before they were discovered, causing difficulties in the management of prisoners.

Illustrative image (Source: Internet)

Recognizing these shortcomings, the Government of Vietnam has added provisions clearly stating the statute of limitations for disciplining prisoners, based on Clause 1, Article 19 of the Draft Decree detailing the implementation of certain articles of the Law on Execution of Criminal Judgments:

“1. The statute of limitations for disciplinary action is the period calculated from the time the prisoner commits the violation to the time the violation is discovered. When this period expires, the prisoner who committed the violation will not be considered for disciplinary action.

a) 1 (one) year for violations warranting reprimand.

b) 2 (two) years for violations warranting a warning.

c) 3 (three) years for violations warranting confinement in a disciplinary cell.”

Clearly stipulating the statute of limitations for disciplinary action as above will help ensure legal compliance in detention facilities and enhance the effectiveness of the management and supervision of prisoners. From there, it will improve the quality of education and rehabilitation so that prisoners can reintegrate into society as good citizens who contribute to society after completing their sentences.

For detailed content, refer to the Draft Decree detailing the implementation of certain articles of the Law on Execution of Criminal Judgments.

Toan Trung

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