The law always has provisions for those who repent and actively participate in the re-education of their crimes. According to the law, the consideration of reduction of the prison term takes place in batches specified in the Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC. So about the matter “Organization to consider reduction of prison sentence in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC
Principles of reducing the term of serving a prison sentence
Comply with the provisions of the law; ensuring socialist humanity, objectivity, fairness and encouraging inmates to emulate progressive reform.
It must be based on the results of the classification of serving a prison sentence, the nature and extent of the crime, the age and other personal characteristics of the inmate. Inmates who commit crimes for the first time, have good rehabilitation, and have made atonement merit are considered, recommended and decided on a higher reduction rate than other inmates. Prisoners sentenced to death who are commuted to life in prison, prisoners with many previous convictions, bad character, delinquents, thugs, dangerous repeat offenders must have more probationary time and must consider very tight with a lower reduction than other prisoners.
Criminal judgment execution agencies of provincial-level police offices, military zone-level criminal judgment execution agencies, and superintendents of prisons and detention camps under the Ministry of Public Security or the Ministry of National Defense may only request a reduction in the time limit for serving sentences according to the list and reduction rate approved by the appraisal council of the provincial-level police department, military zone-level, and the head of the criminal judgment execution management agency of the Ministry of Public Security and the Ministry of National Defense.
Organization to consider reduction of prison sentence in Vietnam
According to the provisions of Article 5 of the Joint Circular 02/2013/TTLT-BCA-BQP-TANDTC-VKSNDTC, the consideration of reducing the prison sentence serving term shall be carried out in 03 (three) times a year, on the following occasions: Date Liberation of the South, reunification of the country (April 30), National Day (September 2) and the Lunar New Year. For prisons and detention camps under the Ministry of National Defense, the reduction of the term of imprisonment shall be considered on the occasion of the founding of the Vietnam People’s Army and the All-People’s National Defense Festival (December 22) for the Lunar New Year.
For cases in which the prison term has been reduced, but in that year they make merit or suffer a fatal disease, the request for reduction of the prison term does not depend on the specified time.
Conditions to be considered for a reduction in the term of serving a prison sentence
Inmates who fully meet the following conditions may be proposed to reduce the term of imprisonment:
Has served at least one-third of the term for a prison term of thirty years or less or twelve years for life imprisonment;
There have been many advances shown in the good observance of the rules of prisons, detention camps and detention houses; actively study, do re-education labor and must have had enough periods of classification to serve a prison sentence of good or higher, specifically as follows:
• Inmates who are sentenced to life imprisonment must have at least four consecutive years adjacent to the time of time reduction consideration to be graded from good or higher. In case of being sentenced to death and being granted a pardon by the State President to life imprisonment, at least five consecutive years immediately preceding the time of consideration for reduction shall be classified as good or higher;
• Inmates who are sentenced to imprisonment for more than twenty years to thirty years must have at least three years and six consecutive months adjacent to the time of reduction consideration and are graded from good or higher;
• Inmates who are sentenced to imprisonment of more than fifteen years to twenty years must have at least three consecutive years adjacent to the time of reduction consideration and are graded from good or higher;
• Inmates who are sentenced to imprisonment for more than ten years to fifteen years must have at least two consecutive years or eight consecutive quarters at the time of consideration for reduction and be classified as good or higher;
• Inmates who are sentenced to imprisonment for more than five to ten years must have at least one year or four quarters adjacent to the time of reduction consideration and are classified as good or higher;
• Inmates sentenced to prison for more than three years to five years must have at least six months or two quarters adjacent to the time of reduction consideration and are classified as good or higher;
• Inmates who are sentenced to three years or less in prison must have at least one most recent quarter graded as good or better.
Inmates who are considered for reduced term of imprisonment in special cases or juveniles commit crimes, compared with the provisions of Point b, Clause 1 of this Article, there is still one year short of the first year of being classified as serving prison sentences from good or more of the time adjacent to the time of reduction consideration (for prisoners sentenced to imprisonment of over fifteen years or more), missing the first six-month period of being classified as good or higher (for prisoners sentenced to prison from over five years to fifteen years), missing the first quarter of being classified as good or higher (for prisoners sentenced to between three and five years of imprisonment) or not yet being classified as serving prison sentences (for inmates are sentenced to imprisonment for three years or less) but the time spent in custody, temporary detention or detention is considered to be strictly observance of the rules of the prison, detention camp, detention house and full conditions Otherwise, they may still be asked to reduce the term of imprisonment.
Inmates who fully meet the conditions specified at Point a, Clause 1 of this Article, inmates in special circumstances or juveniles who commit crimes with a number of periods of being classified as good or higher, are equal to or more than those specified at Point a. b, Clause 1 or Clause 2 of this Article, but not continuously, may still be considered for a reduction in the term of imprisonment if there are at least two consecutive six-month periods adjacent to the time of request for reduction. Classified from good or higher (for inmates sentenced to prison for more than ten years) or for two consecutive quarters of good or higher (for prisoners sentenced to ten years or less).
Prisoners with previous convictions must have more probation time and have a greater number of grading periods of good or higher than those without prior convictions, with each conviction being one six-month period of classification from good or above. up. For inmates who are sentenced to prison for 3 years or less, the equivalent of a quarter of a criminal record is graded from good or higher.
Inmates whose prison term has been reduced must be continuously classified as serving a prison sentence of good or higher before they can continue to consider and propose to reduce the term in a timely manner. In case of ineligibility to be considered for reduction in a timely manner, they shall be considered and proposed to reduce the time limit when there are four quarters of being classified as serving the prison sentence of good or better (of which there must be at least two consecutive quarters of the same period). reduced score).
Inmates whose prison term has been reduced but violates the rules of prisons, detention camps or detention houses shall be disciplined, after being approved by superintendents of prisons, detention camps, heads of prisons, detention centers and detention centers. criminal judgments are recognized by the district-level police as having progressed reform and having completed four consecutive quarters (for inmates who are disciplined twice during the grading period or warning discipline) or five consecutive quarters ( (for inmates held in disciplinary chambers) who are classified as serving a prison sentence of good or higher, they may continue to consider and propose a reduction in the term of imprisonment.
Inmates whose prison term has been reduced but commits a new serious, very serious or particularly serious crime, must serve at least two-thirds of the general penalty or twenty years in the case of a general prison term. and must fully meet the conditions specified at Point b, Clause 1 of this Article to be considered and propose a reduction in the term of serving the prison sentence.
Persons who are temporarily suspended from serving a prison sentence or who are being applied the compulsory medical treatment measure may have their prison sentence service results preserved and be counted consecutively with the time after returning to prison. detention camps, criminal judgment execution agencies of district-level police offices to continue serving sentences.
When these persons return to prisons, detention camps or criminal judgment execution agencies of district-level police offices to continue serving their sentences, if they fully satisfy the conditions specified in the above-mentioned clauses of this Article and within a period of time be temporarily suspended or apply the measure of compulsory medical treatment to strictly abide by the provisions of the law, be treated by the local government where the person temporarily suspended from serving the prison sentence resides or at a medical facility. For persons subject to compulsory medical treatment, certification may be considered and proposed to reduce the term of imprisonment.
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Frequently asked questions
The meeting to consider reducing the term of imprisonment shall be conducted as follows:
– The secretary of the meeting shall report on the presence or absence of the persons summoned by the Court and the reasons for their absence;
– The chairperson opens the meeting, introduces the members of the Council, the procurator participating in the meeting, the secretary of the meeting;
– A member of the Council presents a dossier of request for consideration of reduction of the prison term;
– The procurator presents the Procuracy’s opinion on the requesting agency’s proposal to reduce the prison term and the law observance in considering and deciding to reduce the prison term. ;
– Chairman of the executive meeting to discuss
Participants in the meeting to consider reducing the prison term:
– Participants in the meeting shall comply with the provisions of Clause 3, Article 38 of the Law on Criminal Judgment Execution. In case the procurator is absent, the court shall adjourn the meeting.
– In case of necessity, the Court may summon inmates or their lawful representatives, expert witnesses, interpreters, and representatives of agencies that make dossiers requesting reduction of the prison term, and other relevant agencies, organizations and individuals participating in the meeting; if someone is absent, the court shall decide to postpone the meeting or still conduct the meeting to consider reducing the term of imprisonment.
– The time limit for adjournment of a meeting shall not exceed 07 days from the date of adjournment.
Prisoners were sentenced to life imprisonment, which was reduced to thirty years for the first time.
Inmates are sentenced to prison terms of thirty years or less, each time may be reduced from one month to three years. Those who receive a three-year reduction must be inmates who strictly abide by the rules of prisons, detention camps, detention houses and make merits or have particularly excellent achievements in labor and study and re-education.
An inmate may only be considered for reduction of his/her imprisonment term once a year, the interval between the two reductions is at least one year. In case the prison term has been reduced but the remaining prison term is not enough for one year, the following year may request consideration for reduction earlier than before, but still must ensure that reduction is only considered once a year.
In case, after the time limit has been reduced, there is a special reason worthy of leniency such as making merit or suffering from a fatal disease, it may be considered for further reduction but not more than twice in a year.
Each inmate may have his/her imprisonment term reduced several times, but he/she must ensure that his/her actual term of serving a prison sentence is half of the declared term imprisonment or twenty years for the crime. life imprisonment.
Conclusion: So the above is Organization to consider reduction of prison sentence in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
