Circular 05/2013/ttlt-Byt-Bqp-Bca-Tandtc-Vksndtc Guiding Organization: Enforcement Of The Death Penalty By Injection

Original Language Title: Thông tư liên tịch 05/2013/TTLT-BCA-BQP- BYT-TANDTC-VKSNDTC: Hướng dẫn tổ chức thi hành án tử hình bằng hình thức tiêm thuốc độc

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MINISTRY OF JUSTICE-MINISTRY OF HEALTH-DEPARTMENT OF HEALTH-THE PEOPLE 'S COURT OF THE EVENING OF THE SUPREME PEOPLE' S INSPECTION OF THE SUPREME PEOPLE
Number: 05 /2013/TTLT-BCA-BQP-BYT-TANDTC-VKSNDTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 6, 2013

FEDERAL INFORMATION

The guide to the execution of the death sentence with a form of lethal injection.

_________________

To enforce the right and unify the laws of the law on death execution by lethal injection form, Minister of Public Security, Minister of Defense, Minister of Health, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for Human Defense. The executive order of the Chairman's Guide to the execution of a death sentence with a form of lethal injection.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This joint venture guide to the principle of execution of the death sentence, the decision to execute the execution of the death sentence, the execution of the execution of the death sentence, the execution of the execution of the execution, the execution of the execution of the death penalty, the death sentence, the death sentence, The autopsy was executed by the execution of the death penalty and the responsibility of the organs: the Security, the Army, the Health, the Court, and the Institute for the examination of the execution of the death sentence with the form of lethal injection.

What? 2. Subject applies

This joint venture applies to the agencies: Public Security, Military, Health, Court, Examination Institute in the organization performing the execution of the death sentence in the form of lethal injection and organs, organizations, individuals involved in organizing the implementation of the exam. Death sentence.

What? 3. The principle of execution of death

1. comply with the provisions of the law on criminal execution; guarantee the political, legal, foreign, and humanitarian policy of the State in the execution of the death sentence.

2. Make sure to be quick, timely; secure, tightly, legally.

3. Secure the direction, the centralized commander, the unity of the execution of the execution; in accordance with the function, the duties, the powers of each organ, the unit has been ruled by law.

4. The execution of the death sentence must be carried out at the execution of the death execution site under the rule of law.

What? 4. Death execs

1. The purchase of the injectable drug for the execution of the death sentence and the guarantee of the death execution by the state budget in the annual budget bill of the Ministry of Public Security, the Ministry of Defense, Provincial Security, Central City of Central (collectively known as Public Security) provincial office), the Regional Military and Equivalent Criminal Execution Body (collectively known as the Regional Military Criminal Enforcement Enforcement Agency) as defined by the State Budget Law.

2. Provincial Security, Military District Service Enforcement Enforcement is responsible for repayment of the participants to the execution of the death sentence in accordance with Article 5 of the Census. 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the United States on 16 September 2011 the execution of the death execution by lethal injection and burial costs, the other cost serving the execution of the death sentence.

Chapter II

THE ORGANIZATION PERFORMS THE EXECUTION OF THE DEATH PENALTY

What? 5. The decision to enforce the death penalty

After examining the case of the sentenced to death, the identification of the condemned person was not in the case of not applying the prescribed death penalty at Article 35 1999 Penal Code (amended, supplemated in 2009) and not under the case of being investigated, retrieved. In case of another criminal trial, the Chief Justice of the Court tried to take the trial of the trial under the stipulation of Article 54 of the Criminal Court Act.

In the case of a case in which many people were sentenced to death, the Court of Justice had the authority to decide on trial for each of the men sentenced to death in that case.

In the case of a man sentenced to death several times due to various courts of court, the Chief Justice of the Court tried the final trial for the final sentence of the death penalty for the execution of the death penalty.

What? 6. Component of the death execution council

1. After receiving the text requesting the delegate to participate in the execution of the Circuit Court of Executions stipulated at Article 55 Criminal Action Law Enforcement, the Institute of the same level, the Provincial Public Service Enforcement Administration, the Central City of Central (collectively known as the Agency) The Provincial Public Security Service or the Military District Court of the Military Region is responsible for representing the execution of the death execution council.

2. The execution execution council consists of:

a) the Chief Justice or the Deputy Chief Justice of the Court made the decision to enforce the execution of the Council of the Council;

b) The representative of the examination house to the death execution examination board is the Head of the Institute or Deputy Director of the Institute of the same degree;

c) The body of the Provincial Court of Public Affairs or the representative of the Military District Court of the Criminal Execution Examination Council is the Chief Minister or Deputy Chief of the Criminal Court of Criminal Court.

3. The clerk of the death execution council is the public officer of the Court, appointed by the Chief Justice of the Court to determine the execution of the act.

What? 7. Build a plan for execution of death penalty

1. Shortly after the decision to establish a death execution council, the Chairman of the Board of the Execution Execution Body of the Provincial Public Security Enforcement Administration or the Criminal Court Enforcement Agency for the planning of the execution of the death execution plan. The plan to organize the execution of the death sentence includes the following main content:

a) The situation is related to the organization of the death execution;

b) The purpose, the request;

c) Task assignment for members of the execution of the execution of the death sentence;

d) Time, the venue for execution of death sentences;

I mean, the cost of execution of the death penalty.

e) The organization performs the execution of the death penalty.

2. The execution plan for the execution of the death sentence must be submitted immediately to the members of the execution of the death sentence.

What? 8. The session of the death execution council

1. During the 5-day period of work, since the day of the decision to establish the death execution council, the Chairman of the Board of the Death Board must hold the Council meeting. The venue, the time of the execution of the death council, was decided by the Chairman of the Council and chaired the meeting.

2. Members of the Council of the Death Council shall participate in the session of the Council to unify the planning content, determine the time, the execution of the death execution, the assignment of responsibility between the organs, the relevant unit in the execution of the death sentence.

3. At the session of the death court council decided to plan the execution of the death execution exam.

What? 9. Deployment of execution execution

1. Based on the plan to organize the death execution of the death execution council, the Provincial Public Security Enforcement Enforcement Agency or the Military District Court of Criminal Justice is responsible for planning the execution of the execution of the death sentence, the assignment, the father. the force, the means necessary to ensure the execution of the death penalty.

2. The Chairman of the Board of the Death Board of the Decision Making or has a document requiring the Department of Health, the Central City of the Central District or the Military Medical Department where the Court has decided to enforce the hospital 's doctor' s conduct of the hospital or hospital. the military district to the site of the death execution site to assist in determining the venous determination of the execution of the death penalty in case of necessity.

3. The case of the execution of a death sentence is a woman who immediately after receiving enough records to give the death sentence to the execution, the death execution council must ask the Chief Minister to enforce the criminal justice criminal justice or the Chief of the Court of the Court. The military level was ordered to extract the person who was sentenced to death to a hospital in the Medical Department or hospital in the military district where the condemned man was sentenced to death, determining whether the person was sentenced to death was pregnant. The examination must be established as text and have the confirmation of the hospital where the test is conducted, specified.

What? 10.

The execution of the death penalty assembly decides to postpone the execution of the death penalty at point b, point 1 Article 58 The criminal execution law in the following cases:

1. Have information due to the person who is convicted or otherwise declared or executed by the death court from other sources that consider these information to be based and can alter the basis of the case or evidence to prosecute the case. The new offender, the new offender, and the execution of the death penalty for them, may have a major difficulty in solving the case, the extension of the investigation.

2. The execution of the death sentence is required by the Chief Justice of the Supreme People's Court, the Supreme People's Institute of Public Examination, the Minister of Public Security or the Minister of Defence for the postponation of the execution execution.

3. Other cases, namely:

a) The case with natural disasters, fires or other objective obstacles could not be able to perform the execution of the death penalty or on the way of an op-ed on the execution of a fatal accident, which had to be taken to the hospital;

b) The device, the execution instrument, is damaged; does not obtain the vein; the execution pill is not correct, the quality, quantity, or other conditions that guarantee the execution of the death penalty cannot be met.

c) Having executed the death sentence in accordance with the rules of the law but the execs of the execution do not die.

What? 11.

1. The execution of the death execution, which includes the following documents:

a) The case of an unappealed preliminary sentence, the appeal to the appellate procedure and the execution of the death sentence not to apply for the reduction of the death penalty, the records include:

-The preliminary sentence has legal effect;

-Decision not to appeal to the Chief Justice of the Supreme People 's Court and the unappealed Decision of the Academy of Supreme People' s Examination;

-The execution of the death penalty.

-The decision to establish the death execution council;

-The execution of the execution of the death penalty.

-Plan execution.

-The ID of the execution of the death sentence.

-The medical examiner's execution of the death sentence was executed;

-An image of the man who has been executed for execution (deceased);

-The execution of the death sentence.

b) The case of an unappealed preliminary sentence, the appeals under the appellate procedure, and the sentenced to death sentences, the case of a death penalty, filed for the execution of a copy of the President's decision. the death penalty and regulatory documents at the point a 1 of this;

c) The case of the preliminary sentence of appeal, the appeal under the appellate procedure (including the case of an appeal, the appeal of the death penalty and the case with the appeal, the appeal on other decisions of the preliminary sentence) and the convicted person did not. The application for the death penalty, the file for the execution of the death sentence is:

-The preliminary sentence.

-The appeals court.

-Decision not to appeal to the Chief Justice of the Supreme People 's Court and the unappealed Decision of the Academy of Supreme People' s Examination;

-The execution of the death penalty.

-The decision to establish the death execution council;

-The execution of the execution of the death penalty.

-Plan execution.

-The ID of the execution of the death sentence.

-The medical examiner's execution of the death sentence was executed;

-An image of the man who has been executed for execution (deceased);

-The execution of the death sentence.

d) The case of a preliminary sentence of appeal, the appeal under the appellate procedure (including the case of an appeal, the appeal of the death penalty and the case with the appeal, the appeal on other decisions of the preliminary sentence) and the execution of the death sentence. There is a petition to reduce the death penalty, and the case of a death sentence is a copy of the President's decision to apply for a reduction in the death penalty and regulatory documents at the point of one Article;

The case of a preliminary sentence is not appealed, appeals to the procedure of appeals, but it has a decision to appeal to the Chief Justice of the Supreme People's Court, or the Supreme Court of the Supreme People's Court, and the execution of the death penalty. Reduce the death penalty, the profile consists of:

-The preliminary sentence has legal effect;

-The decision of the Council of Judges or the retrial of the Supreme People's Court does not accept the appeal of the Chief Justice of the Supreme People 's Court or the Supreme People' s Institute for the Supreme People ' s Control and upheld the death sentence;

-The execution of the death penalty.

-The decision to establish the death execution council;

-The execution of the execution of the death penalty.

-Plan execution.

-The ID of the execution of the death sentence.

-The medical examiner's execution of the death sentence was executed;

-An image of the man who has been executed for execution (deceased);

-The execution of the death penalty.

-The audit editor, verify that the execs of the execution do not belong in the prescribed case at Article 35 of the Penal Code (if any).

e) The case of a preliminary sentence is not appealed, appeals to the appellate procedure but have a decision to appeal by the Chief Justice of the Supreme People 's Court or the Supreme People' s Institute for the Supreme People ' s and the execution of the death sentence. The death penalty is a suspended copy of the President's decision to reduce the death penalty and regulatory documents at the point of a clause.

g) The case of a preliminary sentence of appeal, appeals under the appellate procedure but the appeals court upheld the decision of the preliminary sentence; there is a decision on the appeal of the Chief Justice of the Supreme People 's Court or the Supreme People' s Institute of Police. And the execution of the death penalty for the death penalty, and the execution of the death penalty.

-The preliminary sentence.

-The appeals court.

-The decision of the Council of Judges or the retrial of the Supreme People ' s Court does not accept the appeal and upheld the death sentence;

-The execution of the death penalty.

-The decision to establish the death execution council;

-The execution of the execution of the death penalty.

-Plan execution.

-The ID of the execution of the death sentence.

-The medical examiner's execution of the death sentence was executed;

-An image of the man who has been executed for execution (deceased);

-The execution of the death penalty.

-The audit editor, verify that the execs of the execution do not belong in the prescribed case at Article 35 of the Penal Code (if any).

h) The case of a preliminary sentence of appeal, appeals under the appellate procedure but the appeals court upheld the decision of the preliminary sentence; there is a decision to appeal the Chief Justice of the Supreme People 's Court or the Supreme People' s Institute for the Supreme People ' s examination. The death penalty has a suspended sentence of death, the case of a death sentence containing a copy of the President's decision to degrade the punishment of the death penalty and the documents stipulated at this 1 Article 1 point.

2. The execution of the death execution body of the Provincial Public Service Enforcement Administration or the Administrative Division of the Military District Court of Management and is stored, preserved according to the filing regime issued by the Ministry of Public Security, Ministry of Defense of the Ministry of Defence.

What? 12. The execution of the death penalty

1. The secretary of the execution of the death sentence is responsible for mapping the entire course of the execution of the execution of the death penalty.

2. The death execution exam must ensure the following content:

The border must be clear now, day, month, year, place of execution, where the border is set; the things that have been done under the rule of law, the situation that goes on in the execution of the death sentence.

The border must be read to the execs of the execs and the witnesses. The members of the execution of the death court and the witness must enter the same document, if one has any other opinion or does not agree with the written content, which is written and signed.

What? 13. The case of the execution of death penalty before the execution of the death execution

1. During the time of sentencing pending execution (there was a decision to enforce the death penalty), who was executed death penalty execution before the execution of the execution court, the Court of execution must inform the Agency for the investigation, the Institute of Appeals has jurisdiction to do so. determine the cause of death. After the execution of the procedures that determine the cause of death and permission of the competent authority, the Chairman of the Death Board of the Death Executions Authority of the Provincial Public Security Action Agency or the Court of Criminal Justice Department executed the decision. The execution of the death sentence is responsible for the burial of the burial.

2. The case of the death penalty execution on the way to the execution of the death execution site, the death execution council must inform the site of the execution of the death penalty, and inform the Agency for the investigation. the right where the death penalty is executed in order to proceed as procedures under the rule of law. After the execution of the procedures that determine the cause of death and permission of the competent authority, the Chairman of the Death Board of the Death Executions Authority of the Provincial Public Security Action Agency or the Court of Criminal Justice Department executed the decision. The execution of the death sentence is responsible for the burial of the burial.

3. The burial costs of the execution of death death before the introduction of the execution execution execution by regulation at Article 9 of the digital decree. 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

Chapter III

THE RESPONSIBILITY OF THE AGENCIES IN

EXECUTION EXECUTION

What? 14. The responsibility of the Office of Public Security Criminal Justice

1. In accordance with the regulation of Article 11 Digital Protocol 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

2. Coordinate with the detention facility where the execution of the death execution execution follows the regulation of Article 13 of the number of Protocol 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

3. Recommend the Case File Room for a handset of handsets, which is a reference to the list, which specifies the right person who was executed before the execution of execution.

4. Proposal for the Criminal Engineering Department, take a photo and send a forensic doctor as a judge on the request of the President of the Executive Council.

5. Proposal for the Logistics Room, vehicle preparation technique, funding, facilities that serve the execution of the execs and bar the regime for those who participate in the prescribed death execution execution.

6. Command of the District Security Council where the organization of the execution of the force layout, the coordinated vehicle performs the execution of the death penalty.

7. Build a plan to organize the execution of a death sentence, the planning organization, the execution of the death sentence under the assignment of the Court of Executions; the assignment of duty to the forces involved in the execution of the death penalty.

8. Report of the Provincial Security Director to strengthen the Force Police Force or other functional forces to assist in the execution of the death execution in the case of necessity.

What? 15. The responsibility of the Provincial People ' s Court, the Military District Court

1. execute Article 54 Criminal Action Law Enforcement Act.

2. inform the client or the legal representative of the execution of the death sentence being filed for the death sentence of the person who has been executed in accordance with the stipulation at the point a, paragraph 1 Article 60 Criminal execution law.

3. inform the Agency for the Criminal Justice Criminal Court or the Military District Court of the Criminal Court on the case of the client or the legal representative of the person who has been sentenced to death by the execution of the corpse.

What? 16. The responsibility of the Provincial People ' s Control Institute, the Military Regional Military Control Institute

1. Head of the Institute, Deputy Director or inspect the Provincial People ' s Control Institute or the military level is responsible for the execution of the death execution council.

2. Check out the law enforcement of the Provincial People ' s Court, the Military District Court in the decision to enforce the execution of the death sentence.

3. Check out the law enforcement of the Provincial People 's Court, the Military District Court of the Military District, the Provincial Public Service Criminal Execution Body, the Military District Court of the Criminal Court on whether or not for the recipient' s execution has been executed. Death penalty.

4. Check out the enforcement of the law enforcement of the execution of the death sentence, procedure in the process of execution, examination of the execution of the body execution body of the Provincial Public Service Enforcement Administration, the Military District Court of Criminal Justice and the Court of Justice. Officer, the sergeant directly execs the death sentence under the rule of law.

What? 17. The responsibility of the Regional Military Criminal Enforcement Enforcement Agency

1. Make Article 15 Digital Protocol 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

2. directing the detention facility where the execution of the death execution execution Article 16 Digital Protocol. 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

3. Proposal for a criminal record agency to run a handover against the title, only the correct identification of the execution sentence, before the execution; take a photo, record the final words of the person who executed the death sentence sent back to the body, his family. A man who has been executed.

4. The procedure of nomining the Army Medical Corps Medical Corps sends the task of monitoring at the request of the Chairman of the Executive Council.

5. Recommend the Logistics unit-Engineering preparer vehicle, guarantee, facilities serving law enforcement and payment of modes for cadres, gladiators, execution execution.

6. Appropriation, planning organization, execution of execution; assignment assignments to the forces participating in the execution of the death penalty.

7. Report of the Military District Command, the Office of the Criminal Court for the Defense of the Ministry of Defense on the strengthening of the force to assist in the execution of the death sentence in the case of the necessary circumstances and the outcome of the execution execution.

What? 18. Health agency responsibility

1. The Ministry of Health is responsible for directing the Department of Pharmacology to guarantee the source of the drug supply to serve the death execution execution by decree of the Census 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government Regulations on the execution of the death sentence by lethal injection form and numerical decree 47 /2013/NĐ-CP 13/5/2013 of the Government amended, adding some of the provisions of the Digital Protocol 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

2. The provincial department of Health, Central City, Department of Military Health-Department of Defense is responsible for directing hospitals to implement regulation at point a, point b 3 Article 19 of the Digital Protocol. 82 /2011/NĐ-CP 16 September 2011 by the Government of the Government of the Prescribed Execution of the death sentence with a form of lethal injection.

Chapter IV

THE PROCEDURE FOR DEATH AND BURIAL

SENTENCED TO DEATH.

What? 19. The cases were not allowed for the recipient of the death execution execution.

1. The person who has been executed in the execution of one of the crimes of national security, crimes of peace, anti-human and war crimes by the Code of Penal Code.

2. The person who has executed the death sentence is charged with the rule at the point a, point b 1 Article 3 of the Law Enforcement, against infectious disease.

3. The recipient of the death sentence was not the body or legal representative of the person who had been executed.

What? 20.

1. In a 3-day period of work since the decision of the execution of the death sentence, the Chief Justice of the Court has decided to enforce the execution of the body or the legal representative of the executed death sentence for the application of the death penalty. who has been executed by execution.

2. The recipient ' s death application application must be sent to the Chief Justice of the Court who issued a prescribed notice at 1 Article on the 3-day period of work since the date received notice. The application for the burial of the burial must ensure that the content is specified at the point of a 1 Article 60 Criminal Court of Criminal Law.

What? 21.

1. In a 3-day period of work since the date of receiving an application for the burial of the body of the body or the legitimate representative of the execution of the death sentence, the Chief Justice of the Court has decided to enforce the death sentence must be written in writing. Accept it or not accept an autopsy on burial. If you do not accept the death of the body, then specify the reason.

2. Before the execution of a three-day death sentence, the Chief Justice of the Court made the decision to enforce the death sentence required to inform the Agency for the Criminal Justice Criminal Court or the Military District Court of Criminal Justice to address the trial. The death sentence was executed by the execution of the death penalty or the execution of the execution of the death sentence under the rule of law.

3. The settlement for the recipient of the execution of the execution of the death sentence is carried out in accordance with the provisions at paragraph 1 Article 60 of the Criminal Law Enforcement Act.

4. The Court of Justice of the Court of Justice has made a decision to set up the death execution council for the recipient of the execution of the death sentence, but in the process of deploying the execution of the death court execution of the death penalty case. The autopsy was not guaranteed security, the law enforcement Council decided not to allow the execution of the body to be executed, and given the execution to the Court of Criminal Justice of the Provincial Public Security Service or the Military District Court of Criminal Justice. It's the law of the law.

5. The delivery, the recipient of the body execution sentence must be established in writing and must have the signature of the party and the receiving party. The execution of the execution of the body was executed at night (from 22 the previous day until 6 am the following day).

What? 22. The burial was executed.

1. The organization of the burial has been executed for the execution of the death penalty for environmental hygiene, security, order, not contrary to customs, local practices, and other provisions of the relevant law.

2. The Provincial Security Service Enforcement Agency, the Military District Court of Public Affairs informed the People's Committee, the town, where the execution site was executed to specify the cemetery or location where the burial site was executed. You see, the criminal record for the execution of the death sentence. For a period of 3 days, since the date of the announcement of the Provincial Public Service Enforcement Administration's announcement, the Civil Service Enforcement Enforcement Agency, the township, the town where the execution site must be sent to the location of the death notice. The location of the burial place was executed for the execution of the Criminal Court.

3. For a period of 3 days, since the execution of the criminal execution agency exam

Provincial or Provincial Security Enforcement Administration must inform the body or agent of the person who has been executed by the execs, at the same time handing over money, the relevant item property of the person who has executed the death sentence (if any), the incident. The protocol must be compiled by regulation.

Chapter V.

EXECUTION CLAUSE

What? 23.

This federation has been in effect since 21 July 2013. The prescribed texts and previous guidelines of the Minister of Public Security, Minister of Defense, Minister of Health, Chief Justice of the Supreme People 's Court, the Supreme People' s Institute for the Supreme People ' s Control against this Federal Information are all repel.

What? 24.

The authorities of the Ministry of Public Security, the Ministry of Defense, the Ministry of Health, the Supreme People 's Court, the Supreme People' s Examination Institute, within the range of functions, duties, its powers have the responsibility of organizing the implementation and guidelines of examining the implementation of the Information. This is the president.

In the process of carrying out the relevant information if there is an entangrium, the agencies, units, localities reflect on the Ministry of Public Security, the Ministry of Defense, the Ministry of Health, the Supreme People 's Court, the Supreme People' s Examination Institute, to have timely guidance.

KT. Minister of the Ministry of Public Security
Chief.

KT. SECRETARY OF DEFENSE
Chief.

KT. Minister of Health.
Chief.

(signed)

(signed)

(signed)

General Lê Guan Wang

General Nguyen Cheng

Nguyen Write

KT. The Supreme People ' s Institute for the Supreme People
Vice Minister.

KT. The Supreme Court of the People.
Deputy Chief Justice.

(signed)

(signed)

To Light

Nguyen Hai Phong