Procedures for the review of death penalty before execution in Vietnam

Regulations on death sentence in Vietnam

Pursuant to Article 40 of the Penal Code 2015, death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

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.

In the circumstances specified in Clause 3 of Article 40 of the Penal Code 2015 or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

Procedures for the review of death penalty before execution in Vietnam (Internet image)

Procedures for the review of death penalty before execution in Vietnam

Pursuant to Article 367 of the Criminal Procedure Code 2015, the following procedures shall apply to the review of a death penalty before execution:

- When a death penalty comes into force, the case file shall be promptly sent to the President of the Supreme People’s Court and the sentences shall be immediately delivered to the Head of the Supreme People’s Procuracy;

- Supreme People’s Court, after reviewing the case file to make decisions to or not to file an appeal through reopening or cassation procedures, shall have the case file sent to the Supreme People’s Procuracy. Supreme People’s Procuracy, in 01 month upon receiving the case file, shall return it to the Supreme People’s Court;

- The president of the Supreme People’s Court or head of the Supreme People’s Procuracy, in 02 months upon the receipt of the case file, must decide to or not to appeal through reopening or cassation procedures;

- The sentenced person shall be allowed to, in 07 days upon the effect of the sentence, petition for the State president’s commutation;

- A death penalty shall be executed if the President of the Supreme People’s Court and the Head of the Supreme People’s Procuracy do not appeal through reopening or cassation procedures and the sentenced person does not petition for the State president’s amnesty.

If an appeal is filed against the death penalty through the reopening or cassation procedures but is rejected by the Reopening panel or Cassation panel of the Supreme People’s Court for sustaining the death penalty, the Supreme People’s Court shall promptly notice the sentenced person for the latter’s petition for amnesty;

- If the sentenced person petitions for remission, the death penalty shall be executed upon the State President’s rejection of the petition.

The president of the Court that held the first-instance trial, in the presence of following grounds, shall not order to enforce the death penalty and report to the President of the Supreme People’s Court for the reduction of the death sentence to incarceration for life:

+ 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.

Mai Thanh Loi

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