Procedures for execution of decisions to postpone the serving of prison sentences in Vietnam

Procedures for execution of decisions to postpone the serving of prison sentences in Vietnam (Internet image)

1. Cases of deferred imprisonment sentence in Vietnam

Article 67 of the Penal Code 2015 stipulates 04 cases where a person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:

- A convict suffering from a serious disease may have the sentence deferred until he/she recovers;

- A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;

- If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;

- A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.

In addition, during the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 of the Penal Code 2015.

2. Procedures for execution of decisions to postpone the serving of prison sentences in Vietnam

Pursuant to Clauses 1, 2 and 3, Article 25 of the Law on Execution of Criminal Judgments 2019, the procedures for execution of decisions to postpone the serving of prison sentences in Vietnam are as follows:

(1) Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence, send a copy of the decision to postpone the serving of the prison sentence to the People’s Committee of commune where the person whose sentence is postponed resides or the military unit which is authorized to control such person and establish dossier of execution of decision to postpone the serving of the prison sentence.

(2)Within 3 working days after receiving the decision to postpone the serving of the prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall summon the person whose sentence is postponed to the People’s Committee of commune where such person resides or the military unit which manages such person is based to give him/her the decision and require him/her to make a written commitment to strictly comply with law.

The person whose prison sentence is postponed must present himself/herself as indicated in the subpoenas, except for force majeure events or objective hindrance. If the person whose prison sentence is postponed fails to make such a commitment, the criminal judgment execution agency of district-level police office or of military zone shall make a report and notify the court which has issued the decision to postpone the serving of the prison sentence to take actions within their authority.

If the person whose sentence is postponed fails to be present upon the subpoenas, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune or military unit to conduct verification and requires the person to be present at the People’s Committee of commune or military unit to give the decision and require him/her to make a written commitment to strictly comply with law.

If person whose sentence is postponed cannot present himself/herself upon the subpoenas because he/she has received treatment at hospital or home due to his/her serious illness, the criminal judgment execution agency of district-level police office or of military zone shall cooperate with the People’s Committee of commune, military unit and the concerned hospital or family in carrying out the procedures for notice and commitment to comply with law.

(3)

Within 3 working days after receiving the copy of the decision to postpone the serving of the prison sentence, the People’s Committee of commune or military unit shall prepare the dossier of the person whose sentence is postponed.

The People’s Committee of commune or military unit in charge shall send monthly reports on management of the person whose sentence is postponed to the criminal judgment execution agency of district-level police office or of military zone.

The person whose sentence is postponed may not leave his/her place of residence during the postponement period without consent of the People’s Committee of commune or military unit in charge and must present himself/herself upon subpoenas of that People’s Committee of commune or military unit.

The change of place of residence or work of the person whose sentence is postponed shall conform to Article 68 of the Law on Execution of Criminal Judgments 2019.

* Note: If the person whose sentence is postponed has received treatment at a hospital located outside the place of residence due to his/her serious disease, the People’s Committee of commune or military unit in charge shall cooperate with his/her family to manage him/her.

3. Measures to execute the decision to postpone serving the prison sentence when other cases arise

According to Clause 4, Clause 5, Clause 6, Clause 7, Article 25 of the Law on Execution of Criminal Judgments 2019 stipulates:

(1) To consider issuing a decision to cancel the decision to postpone the serving of the prison sentence, If during the postponement period, the person whose sentence is postponed commits a new crime, escapes or violates the law adversely affecting the security, social safety and order.

If the person whose sentence is postponed escapes, the criminal judgment execution agency of district-level police office or of military zone shall release a wanted notice and organize the pursuit.

(2) To consider issuing a decision to postpone the serving of the prison sentence and carry out related procedures if the person whose sentence is postponed dies

(3) To consider issuing a decision to escort the sentenced person for judgment execution except for force majeure events or objective hindrance if the person whose sentence is postponed fails to present him/herself at the criminal judgment execution agency of district-level police office or of military zone to serve the sentence

(4) With regard to a person who has his/her sentence postponed due to his/her serious disease, if he/she still gives the health reason to avoid the serving of sentence despite his/her signs of recovery from disease or he/she shows signs of mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office where he/she resides or the criminal judgment execution agency of military zone which manages him/her shall seek health assessment from at least a provincial or military zone-level hospital or seek mental health assessment from a competent mental health assessment agency.

If the assessment report shows that the person whose sentence is postponed has made a recovery from disease, the criminal judgment execution agency of district-level police office or of military zone shall send that person to the place where he/she will serve the sentence and notify the court which has issued the decision to postpone the serving of the sentence.

If the assessment report shows that that person suffers mental disease or another disease that has deprived him/her of the consciousness or act control capacity, the criminal judgment execution agency of district-level police office or of military zone shall request the chief judge of court who has issued the judgment execution decision to issue a decision to cancel the decision to postpone the serving of the prison sentence and apply judicial measures of compulsory medical treatment.

Do Thanh Long

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