Procedures for shortening probation period imposed on parolees in Vietnam

Procedures for shortening probation period imposed on parolees in Vietnam (Internet image) 

1. Regulations on shortening probation period imposed on parolees in Vietnam

Article 64 of the Law on Execution of Criminal Judgments 2019 stipulates the regulations on shortening probation period imposed on parolees in Vietnam as follows:

- A parolee may request shortening of the probation period when he/she:

+ has served a half of the probation period; and

+ has made great progress during his/her probation period.

- A parolee may have his/her probation period shortened once a year for 3 months to 2 years. If the remainder of the probation period is under 3 months, the court may decide to eliminate it.

A parolee may have his/her probation period shortened multiple times provided that he/she in fact has served at least three-fourths of the probation period, except for the case prescribed in Clause 3 of Article 64 of the Law on Execution of Criminal Judgments 2019.

- If a parolee is a minor, has made merits, is a decrepit old person or has suffered a fatal disease and he/she has satisfied all conditions prescribed in Clause 1 of Article 64 of the Law on Execution of Criminal Judgments 2019, the court may eliminate the remainder of his/her probation period.

2. Procedures for shortening probation period imposed on parolees in Vietnam

Article 65 of the Law on Execution of Criminal Judgments 2019 stipulates the procedures for shortening probation period imposed on parolees as follows:

- The People’s Committee of commune or the military unit in charge of parolees shall review eligible persons in accordance with the Criminal Code, prepare relevant documents and submit a request for shortening probation periods of eligible parolees to the criminal judgment execution agency of district-level police office or of military zone.

- Within 7 days after receiving the documents and request of the People’s Committee of commune in charge of the parolees, the criminal judgment execution agency of district-level police office shall consider and submit its request for shortening probation periods of eligible parolees to the criminal judgment execution agency of provincial-level police department and enclosed documents. Within 7 days after receiving the documents and request of the criminal judgment execution agency of district-level police office, the criminal judgment execution agency of provincial-level police department shall consider and submit its request for shortening probation periods of eligible parolees to the same-level people’s court for consideration and to the same-level people’s Procuracy.

- Within 7 days after receiving the documents and request of the military unit in charge, the criminal judgment execution agency of military zone shall consider and submit its request for shortening probation periods of eligible parolees to the military court for consideration and to the same-level people’s procuracy.

- Within 7 days after receiving the documents and request of criminal judgment execution agency of provincial-level police department or military zone, the chief judge of provincial-level people’s court or military zone-level military court where the parolee resides or works shall establish a council and hold a meeting to consider shortening probation period. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

- Within 3 days from the date on which the decision to shorten probation period is issued, the court must send that decision to the sentenced person, the same-level procuracy, the immediate superior Procuracy, the agency which requests shortening of probation period, the court which issued the decision on parole, Department of Justice of province where the court which issued the decision to shorten probation period is based.

To Quoc Trinh

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