Procedure for accepting people serving prison sentence in Vietnam

Imprisonment is one of the penalties for offenders specified in the Vietnam Penal Code in 2015 including fixed-term imprisonment and life imprisonment. When the court’s judgment or decision takes effect, the person serving the prison sentence shall be subject to detention management, education and re-education. So about the matter “Procedure for accepting people serving prison sentence in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

• Law on Criminal Judgment Execution 2019

The decision to execute the prison sentence in accordance with the law

Article 22 of the Law on Execution of Criminal Judgments provides for decisions on execution of prison sentences as follows:

“1. A decision on execution of an imprisonment sentence must clearly state the full name and position of the person who issues the decision; the judgment or decision to be executed; the name of the agency tasked to execute the judgment enforcement decision; full name , date, month, year of birth, place of residence of the convict; term of imprisonment, term of additional punishment.In case the convict is on bail, the judgment enforcement decision must clearly stating that within 07 days from the date of receipt of the decision, the convict must be present at the criminal judgment execution agency of the district-level police office where he/she resides, or the criminal judgment execution agency of the military zone where the person works.

2. Within 03 working days from the date of issuance of the decision to execute the prison sentence, the court must send that decision to the following individuals or agencies:

a) The sentenced person and his/her representative in case the sentenced person is under 18 years old;

b) The procuracies of the same level;

c) Criminal judgment execution agency of provincial-level police department or military zone-level criminal judgment execution agency;

d) The detention center where the sentenced person is being held in custody or the criminal judgment execution agency of the district-level police office where the sentenced person is being held in custody or on bail;

đ) The Department of Justice where the court that has issued the judgment enforcement decision is headquartered;

e) Ministry of Foreign Affairs in case the sentenced person is a foreigner.

Accordingly, within 03 working days from the date of issuance of the decision to execute the prison sentence, the Court must send that decision to the concerned individuals and agencies for receipt and implementation according to regulations.

Imprisonment is one of the penalties for offenders specified in the Vietnam Penal Code in 2015 including fixed-term imprisonment and life imprisonment. When the court’s judgment or decision takes effect, the person serving the prison sentence shall be subject to detention management, education and re-education. So about the matter “What is the current procedure for accepting people serving prison sentences?” Let’s find out with LSX in the article below.

Accordingly, within 03 working days from the date of issuance of the decision to execute the prison sentence, the Court must send that decision to the concerned individuals and agencies for receipt and implementation according to regulations.

Procedure for accepting people serving prison sentence in Vietnam

Execution of prison sentences is carried out by competent agencies and persons in accordance with the provisions of the Criminal Judgment Execution Law, forcing the sentenced person to a term of imprisonment or life imprisonment to be subject to detention management. reform education.

Pursuant to Articles 26 and 28 of the 2019 Law on Criminal Judgment Execution, the admission of sentenced persons shall be carried out as follows:

– Prisons, detention camps, criminal judgment execution agencies of district-level police offices designated to execute judgments must receive prisoners sentenced to prison when they have complete dossiers, including:

• Court judgments and decisions take legal effect; in case of appellate, cassation or reopening trial, the first-instance judgment must be attached;

• The decision to execute the prison sentence;

• The decision of the criminal judgment execution management agency to send the sentenced person to prison, detention camp, criminal judgment execution agency of the district-level police office;

• Identity of the person serving the prison sentence;

• A copy of the passport or proof of nationality for the person serving a prison sentence being a foreigner;

• Health check sheets and other documents related to the health of persons serving prison sentences;

• A written comment on the observance of the rules of the detention center or detention house for persons held in temporary detention;

• Other relevant documents.

*Note:

• In case the child of a person sentenced to prison follows his mother to prison, a birth certificate is required.

• If there is no birth certificate, there must be a birth certificate issued by the health agency where the child was born or a document from a witness if the child was born outside a medical facility; In case the above-mentioned papers are not available, a written report from the criminal judgment execution agency of the district-level police office or detention center must be submitted together with the transfer of the sentenced person to prison to serve the sentence. mother’s commitment to childbearing. Prisons are responsible for organizing birth registration for children who follow their mothers to prisons in accordance with the law on civil status registration and management.

The criminal judgment execution management agency of the Ministry of Public Security, the criminal judgment execution management agency of the Ministry of National Defense, the criminal judgment execution agency of the provincial-level Public Security, and the criminal judgment execution agency of the Public Security level. district, military zone-level criminal judgment execution agency shall complete the dossier in accordance with regulations, organize the sending of the sentenced person and the attached dossier to the prison, detention camp, detention center The criminal judgment execution agency of the district-level police office has been appointed to execute the judgment.

– When receiving persons serving prison sentences, prisons or detention camps, criminal judgment execution agencies of district-level police offices shall have the following responsibilities:

• Check information to identify the correct person serving a prison sentence according to the Court’s judgment execution decision;

• Make a record of handing over the person serving the prison sentence; minutes of handing over dossiers and documents;

• Checking people serving prison sentences; check and handle brought items before being brought into the cell;

• Organize health checks for prisoners and children under 36 months of age who follow their mothers to prison (if any);

• Explain the inmate’s rights and obligations; disseminating the internal regulations of inmate detention facilities.

– The receiving agency disseminates to inmates the following provisions:

• Only bring into the cell the items according to regulations; In case of having unused personal belongings, money, valuable papers, electronic payment cards, gold, silver, precious stones, precious metals, they must be sent to prisons, detention camps, agencies. execution of criminal judgments under the management of district-level police offices;

• In case an inmate wishes to transfer money, belongings and personal belongings to his relatives or his representative and bear the expenses himself, the prison, detention center or criminal judgment execution agency of the district-level police office may responsible for carrying out the transfer or handing directly to relatives or representatives of inmates at the place of sentence execution; Not to use money or valuable papers at the place of sentence execution.

• Inmates’ purchase of food, foodstuffs and other goods to serve their lives and activities at the place of sentence execution shall be carried out in the form of purchasing through the depository book; Objects are not allowed to be brought into the place of sentence execution. on the banned list prescribed by the Minister of Public Security and the Minister of National Defense.

Within 5 working days from the date of receipt of the sentenced person, the prison or detention camp, the criminal judgment execution agency of the district-level police office must notify the court that has issued the judgment execution decision. The individual of the person serving the prison sentence knows and reports it to the criminal judgment execution management agency.

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