Resolution 01/2013/hdtp: Guidelines For Application Of Article 60 Of The Criminal Code On Probation

Original Language Title: Nghị quyết 01/2013/NQ-HĐTP: Hướng dẫn áp dụng điều 60 của Bộ luật Hình sự về án treo

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THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES
Numbers: 01 /2013/NQ-HTP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 14, 2013

THE RESOLUTION.

Instructions to apply article 60 of the Penal Code on suspended sentences

________________

THE SUPREME COURT OF THE PEOPLE ' S COURT OF JUSTICES

The Rules for the Court of the People's Court;

To apply properly and unify the regulation at Article 60 of the Criminal Code;

After the unification of the Institute of the Supreme People's Institute and Minister of Justice;

DECISION:

What? 1. Suspation

The suspension was a conditional exemption for conditional imprisonment, imposed by the Court for a prisoner of imprisonment for no more than three years, based on the offender's relatives and mitigable conditions, and the trial was not required to accept prison sentences.

What? 2. The consideration for the sentenced to prison sentences is sentenced to probation

1. Only consider for the person who is sentenced to death sentences when there are enough of the following conditions:

a) Being sentenced to prison for less than three years on charges of less serious crimes, serious crimes, grave crimes, in accordance with the Code of Penal Code;

b) There is a good person who is proven to be beyond this crime they always respect the rules of society, to accept the right policy, the law, fulfills the obligations of the citizens of the residence, the work; not to violate the laws that law forbids; never before. Convicted, executed in violation of disciplinary action.

The case of the offender who has a case but has been cleared of the case, which is, of course, deleted the case, deemed uncondemned; has been executed, processed, disciplined, but expired, but has expired, but has not been treated with administrative violations, disciplinary action, or expired. Administrative violation, disciplinary processing, is considered unprocessed, not disciplined, but not a good one. The suspension of these cases must be very tight. Can only be considered for the suspension of the suspension when belonging to one of the following cases:

b1) The person who was convicted from over three years in prison to 15 years in prison for intentional crimes (including the case of a criminal record of multiple offences or multiple sentences) that the time of deleting the case to the date of the crime was over two years;

b2) The person who was sentenced to three years in prison on the intentional offence that time has been cleared for the crime date has been over a year;

b3) The person convicted of the warning penalty, fines, non-detention of which time was cleared for the day of offences for this time has been over a year;

b4) Who is convicted of the unintended crimes that have been cleared of the case;

b5) The person who has been taken into compulsory educational facility from two or more times as time is considered to have not been imposed on an administrative trial as of this time of crime has been over two years;

b6) The person who has been taken into compulsory educational facility once and has repeatedly been subject to a disciplinary offence or disciplinary action that the time is considered unimposed on administrative treatment, has not been subject to administrative violation, has not been dealt with disciplinary action. to the day of the crime this time has been more than two years.

b7) The person who has been taken into the compulsory education facility that the time is considered to have not been imposed on an administrative treatment measure up to the day of offences this time has been over 18 months;

b8) The person who has been sentenced to administrative violations or disciplinary treatment from two or more times has been considered unpunished for the administrative violation, having not been dealt with a disciplinary action on the date of the crime this time has been over 18 months;

b9) The person who has been sentenced to administrative violation or disciplinary action on acts of the same nature as the offence is that the time is considered to be unpunished for the execution of the administrative breach, not being dealt with a disciplinary action until the day of the crime was over a year;

b10) The person who has been sentenced to administrative violation or disciplinary action by which time is considered to be unpunished for administrative violation, has not been dealt with a disciplinary action as of this time of crime for more than six months;

b11) The person who has been applied for administrative practice in the commune, ward, town, entering a school of nursing or entering into a mandatory rehab facility has expired, is considered unprocessed;

c) There is a specific, clear residence;

d) No further details of the regulation of regulation at 1 Article 48 of the Code of Criminal Code and have from two conditions of mitigation of the criminal responsibility of return including at least one condition of mitigation stipulated at 1 Article 46 of the Code of Criminal Code; If there ' s a situation that ' s increased in the form of criminal responsibility, there must be a three-line reduction in criminal responsibility, including at least two mitigation conditions stipulated at 1 Article 46 of the Criminal Code.

The mitigable circumstances prescribed at paragraph 2 Article 46 of the Code of Criminal Code are the guidelines directed at the c section 5 Resolution No. 5 01 /2000/NQ-HTP The 04-8-2000 of the Supreme People's Court of Judges "Guidelines to apply a number of regulations in the Common Section of the Criminal Code of 1999";

They are capable of self-improvement, and if they do not take them to the prison sentence, they do not adversely affect the struggle against crime, especially crimes against corruption.

2. Do not allow the suspension if belonging to one of the following cases:

a) The offender of the subject is subject to the rule of law in paragraph 2 Article 3 of the Code of Criminal Code: the mastermind, the leader, the commander, the stubborn, the stubborn, the thugs, the thugs, the danger, the duty, the right to sin; the offender. Criminal, organized, professional, intentional and intentional.

b) To be judged in the same way of many sins;

c) In the file that is currently in the case of committing crimes and being put on trial, they have other offenses that have been tried in another case or are being prosecuted, investigated, prosecuted in another case;

d) A suspected foreign defendant in the trial period, the Court recommended that the investigation be wanted.

3. When the review, the decision for the condemned to be sentenced to a suspended sentence, should be noted:

a) For the case of a prison sentence that has been suspended, detention only for the sentence of suspension as time has been suspended, imprisonment shorter than the time of imprisonment;

b) The cases of offenders who have multiple mitigals, if there is sufficient conditions to apply Article 47 of the Penal Code, must also be treated in the adjacent penalty frame that has shown a policy of clemency for them; not imprisonment but for them. The sentence was suspended for crimes committed by social media, particularly the criminal charges of office, to serve in the case of defence, anti-crime, and anti-corruption;

c) The cases have a heavy frame-pressure, if the non-prosecution examination institute must also apply to the correct trial of the law; if there are further incidents of increased criminal responsibility under regulation at Article 48 of the Criminal Code must also be required. is fully applicable; not due to the need for a suspended sentence without adequate application of the weight of the framework of increased weight and the situation increased in charge of the regulation of regulation at Article 48 of the Criminal Code;

d) When the decision of the penalty must comply with the regulatory principle stipulated at Article 3 of the Penal Code in conjunction with the specified penalty decision bases at Article 45 of the Penal Code; it is not given that the suspension is a lighter punishment than punishment. In order to increase the punishment higher than other cases without a base and for a suspended sentence; it is not eligible to reduce the level of penalty without grounds to qualify for the penalty level stipulated at Article 60 of the Penal Code and for a suspended sentence.

What? 3. Imposition the probation period

When the prison sentence is suspended, the Court must set the trial time twice as a penalty, but not less than a year and not more than five years.

What? 4. The timing of the challenge time

The timing of the timing of the trial period is the first day of sentence for suspension; in particular, the following:

1. The case of a preliminary court for the sentence suspended, the verdict is not appealed, appeals to the procedure, the time to begin the trial period is the day of the trial.

2. The case of the Court of Appeal for a suspended sentence, the Court of Appeal also for suspended sentences, the time of the time to begin the trial period is the day of the trial of the preliminary sentence.

3. The case of a preliminary court does not allow a suspended sentence, the Court of Appeal for a suspended sentence, the time to begin the trial period is the day of a court of appeal.

4. Case of the Court of Appeal for a suspended sentence, the Court of Appeal does not allow the sentence to hang, but the Court granted the appeal of the appellate court to judge the appellate and the Court of Appeal for the suspension of the probation period. I'm sorry.

5. Case of the Court of Appeal, the Court of Appeal for the suspended sentence, but the preliminary sentence, the appellate appeal sentence to investigate and then trial the appellate, the appellate trial, the Court of Appeal, the Court of Appeal still for a suspended sentence. the test time from the date of the preliminary sentence or the appellate sentence followed by instructions at the 1, 2, 3 and 4 Articles.

What? 5. The person who is awarded a suspended sentence to the People ' s Committee, the military unit of monitoring, education during probation.

1. When the prison sentence is sentenced to probation, the Court must record in the sentence of the delivery of a person who is given a suspended sentence to the People's Committee where the person resides or the military unit is tasked with monitoring, educating people suspended for monitoring and monitoring. education during the trial period.

2. When the person is awarded a suspended sentence to the People 's Committee where the person resides to oversee and educate during the probation, the Court must specify the name of the Social People' s Committee; the district name, town, the provincial city; the provincial name, the city directly. The central government is entrusted with supervision, and the education of the person is suspended, and it is clear that in the event of a person who is entitled to hang a change in residence, it is in accordance with the provisions of Article 69 of the Criminal Court Act.

3. When the person is awarded a suspended sentence for the military unit to monitor and educate during the trial period, the Court must clear the name and full address of the military unit tasked with supervision, education of those who are entitled to hang, while simultaneously recording the case. A person who is entitled to probation for a change in the work of a working place, in accordance with Article 69 of the Criminal Justice Act.

What? 6. General punishment in the event of a new offender suspended sentence during the trial period.

In case of a suspended sentence that committed a new offence during the trial, the Court decided the punishment for that crime and in aggregation with the prison sentence of the previous sentence prescribed at Article 50 and Article 51 of the Criminal Code; if they had been suspended. Detention, detention, custody of the time they have been imprisoned, held on charges of trial, as well as jail time, parole on charges of trial in the previous sentence, except for the time of the imprisonment of imprisonment.

What? 7. The case of a person who was given a suspended sentence was put on trial for another crime committed before a suspended sentence.

In the case of a person who is entitled to a suspended sentence, which he then finds before he is entitled to the execution of another criminal, the Court of Trial, decides the punishment for that crime and does not allow the sentence to be suspended again. The offender has to accept two sentences. The execution of the case in this case is by the authorities charged with the execution of the criminal execution coordination under the provisions of Article 5 of the Criminal Court of Criminal Law.

For example: On 15 -12-2011, Băn Văn B guilty of gambling. On 20 March 2012, Băn Văn B was sentenced to six months in prison by the City of People's Court for gambling, but for probation, a trial period of one year. After being convicted of felony gambling and sentence of law, the Police Agency investigated the discovery earlier, on 10-10-2011, Băn Văn B was guilty of theft of property and was indicted to the M. District Court for this case, when the District Court was tried. M does not give Băn Văn B a suspended sentence again. If the sentence of the M District Court is not appealed, the appeal and the law of law, the Băn B B must accept the two sentences (the sentence of the V City People's Court and the sentence of the District Court of the People of the District M).

What? 8. Effect of execution

1. This resolution was passed by the Supreme People ' s Court of Judges on 14 October 2013 and has been in effect since December 25, 2013.

2. The previous guidelines of the Supreme People ' s Court of the Supreme Court on probation with the guidelines of this Resolution are all repel.

3. The case of the offender who was tried before the day of the resolution is effective in accordance with previous guidelines and the sentence has been in effect the law is not based on this resolution to appeal to the procedure of supervising, retrial, exclusion. The case has other resistance bases.

4. In the course of execution if there is a need for an explanation or an additional guidance, the offer reflects to the Supreme People ' s Court for an explanation or the timely addition of the ./.

Chief Justice of the Supreme People's Court

(signed)

Zhang Xiaoping