Purpose of the work of supervising custody, temporary detention, and execution of criminal judgments in Vietnam

Purpose of the work of supervising custody, temporary detention, and execution of criminal judgments in Vietnam (Internet image)

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

1. Purpose of the work of supervising custody, temporary detention, and execution of criminal judgments in Vietnam

The work of supervising detention, temporary detention, and the execution of criminal judgments aims to ensure:

- Temporary detention, temporary detention, execution of criminal judgments; apply and enforce judicial measures; amnesty; custody, temporary detention, management and education of prisoners; management and treatment of people forced to undergo medical treatment; the management of people under 18 years old who are subject to educational judicial measures at reform schools; Procedures and procedures for the Court to consider and decide on postponement, exemption from compliance, reduction of time limit, temporary suspension, or exemption from compliance with the remaining time for applying administrative measures and postpone or exempt from complying with the decision to send to a compulsory detoxification facility; temporarily suspend or exempt from complying with the remaining time in the decision to send to a compulsory detoxification facility for drug addicts from 12 years old to under 18 years old; The right to complain and denounce illegal acts and decisions in custody, detention, and criminal judgment execution is carried out in accordance with the provisions of the law;

- Human rights and other legitimate rights and interests of detainees, detainees, people serving sentences, and people serving judicial measures that are not restricted by law must be respected and protected; Court judgments and decisions that have taken legal effect must be strictly enforced;

- All violations of the law in judicial activities within the scope of regulation specified in Article 1 of this Regulation must be detected and handled promptly and strictly.

(Article 4 of Regulations on supervision of temporary detention, detention, and execution of criminal judgments issued together with Decision 259/QD-VKSTC in 2023)

2. Scope of work to supervise custody, temporary detention, and execution of criminal judgments in Vietnam

The scope of supervision of custody, temporary detention, and execution of criminal judgments is specified in Article 3 of the Regulation on the supervision of custody, temporary detention, and execution of criminal judgments issued together with Decision 259/QD-VKSTC in 2023 as follows:

- The work of supervising custody and temporary detention begins from the time the detainee or temporary detainee is brought into the detention facility and ends when the detention or temporary detention ends.

- The work of supervising the execution of criminal judgments begins when the judgment or decision is executed according to the provisions of Article 2 of the Law on Execution of Criminal Judgments and ends when the execution of criminal judgments ends according to the regulations of the Law.

- The work of supervising the application of judicial measures begins when the competent agency prepares a dossier requesting the application of judicial measures during the period of execution of the prison sentence and ends when the Court's decision to apply judicial measures is implemented.

The work of supervising the implementation of judicial measures begins when the decision to apply judicial measures is implemented and ends when the enforcement of judicial measures ends in accordance with the provisions of the law.

- The work of supervising special amnesty begins when the President's Decision on special amnesty is announced and announced in the mass media and ends when the President's Decision on special amnesty is implemented.

- The work of supervising the order and procedures of the Court to consider and decide on postponement, exemption from compliance, reduction of time limit, temporary suspension, or exemption from compliance with the remaining time for applying administrative measures begins. from the time the Procuracy receives the notice of acceptance of the application dossier and ends when the Court's decision to postpone, exempt, reduce the time limit, or temporarily suspend the administrative handling measure takes effect without canceling the decision to postpone or temporarily suspend the execution of the decision to apply administrative measures; at the same time, supervise the sending of that decision by the Court.

- The work of supervising the order and procedures of the Court to consider and decide to postpone or exempt the decision to send to a compulsory detoxification facility, temporarily suspend or exempt from serving the remaining time in the decision to send to a compulsory detoxification facility. compulsory drug treatment facility for drug addicts from 12 years old to under 18 years old, starting when the Procuracy receives notice of accepting the application and ending when the Court's decisions to postpone, exempt, or temporarily suspend take effect without canceling the decision to postpone or temporarily suspend execution of the decision to send to a compulsory detoxification facility; at the same time, supervise the sending of that decision by the Court.

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