Advanced Search

Circular 03/2013/ttlt-Bca-Tandtc-Vksndtc-Bqp-Byt: Guidelines For Implementing Regulations On Interim Suspension Imprisonment Sentence Against The Inmate

Original Language Title: Thông tư liên tịch 03/2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT: Hướng dẫn thi hành quy định về tạm đình chỉ chấp hành án phạt tù đối với phạm nhân

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
THE CITIZENS OF THE SUPREME COURT OF THE PEOPLE 'S SUPREME COURT, THE PEOPLE' S HEALTH CARE SYSTEM.
Number: 03 /2013/TTLT-BCA-TANDTC-VKSNDTC-BQP-BYT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 15 May 2013

FEDERAL INFORMATION

The guidelines for the execution of the parole only.

Prison sentences for crimes.

______________

To enforce the right and unify the provisions of the law on the temporary suspension of imprisonment for the prisoner, the Minister of Public Security, Minister of Defense, Minister of Health, Chief Justice of the Supreme People 's Court, the Institute of the Supreme People' s Control of the People. The Supreme Court of the Executive Committee of the Executive Chairman of the Executive Committee for the execution of a suspended prison sentence for the following:

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This link is specifically directed at the object, principle, conditions, deadline, jurisdiction, sequence, procedure, and temporary decision-making and decision-making.

What? 2. Subject applies

This joint venture applies to the prisoner who is accepting a prison sentence in detention, detention facilities, law enforcement officials, district officials; who have decided to enforce a prison sentence in detention, the body of law enforcement officials said. The criminal justice of the district is waiting for the execution of the court (collectively, the person who is waiting for the execution of the court) and the agencies, the organization, the individual involved.

What? 3. The temporary principle of suspended prison sentences for the inmate.

1. comply with the rule of law.

2. Secure the objective, fair, right subject, in accordance with the policy of leniency, the humanitarian of the State for the offender.

Chapter II

THE CONDITION, THE DEADLINE, THE AUTHORITY RECOMMENDED THAT THE TEMPORARY JAIL SENTENCE BE ACCEPTED.

What? 4. The condition can be suspended for a prison sentence.

1. The prisoner who is accepting a prison sentence in detention, detention, body-of-law enforcement of a county-level public court may be suspended for the sentence of imprisonment in one of the following cases:

a) The offender is so ill that it is not possible to continue accepting a prison sentence and if the prison sentence should be subject to their lives, therefore, it is necessary for them to give them a suspended sentence of imprisonment for medical treatment, except the person who is not. You or I have no place to live.

The person with severe disease prescribed at this one is the one who has one of the poorest diseases, such as: The late stage cancer, paralysis, drug-resistant TB, palliative cirrhosis, heart failure III and upward, IV kidney failure, HIV infection has shifted the AIDS phase. An opportunal infection, unable to self-serve itself and has a bad progism, high risk of death, or one of the other diseases, the medical examiner ' s board, the provincial hospital, or the military level that goes back to conclusions in writing is a poor disease. It ' s dangerous to life.

b) The female inmate is pregnant or having a child under 36 months of age in a detention facility, detention facility, law enforcement agency, if they are executed for the first time and have a clear residence;

c) The inmate is the only income worker in the family, if they continue to accept a prison sentence the family will have a special difficulty (no other income source, no one to take care of, nurture the loved ones being old, children, etc.). or others who have no ability to labor in their families), unless the person who is convicted of crimes of national security or other crimes is very serious, particularly serious;

d) The inmate is sentenced to prison sentences for less severe offenses and due to the need for a job, requiring their presence to carry out a certain job.

2. The prisoner of the specified cases at the point a, b paragraph 1 This Article, if convicted on charges of less severe, severe, very serious violation of the national security, is only suspended from the execution of a prison sentence when granted by the Minister. Ministry of Public Security or Minister of Defense.

3. The prisoner of the specified cases at the point a, b paragraph 1 This, if convicted of serious crimes that violate national security or sentenced to life imprisonment without a reduced jail term, is only suspended for the execution of the court. a prison sentence when a request from the Minister of Public Security or Minister of Defence and the consent of the Chief Justice of the Supreme People 's Court, the Institute for the Supreme People' s Examination of the Supreme People.

What? 5. The authority recommended that the parole conduct be suspended.

1. Camp, detention facility in the Ministry of Public Security and Department of Defense, the military detention facility, which accepts a suspended sentence of imprisonment for prisoners who are sentenced to prison sentences in detention, the detention facility.

2. The Provincial Security Service Enforcement Agency recommended that the parole conduct be suspended for the inmate who are accepting a prison sentence at the detention facility and the body of the Public Security District Court of Public Safety Authority.

3. The criminal execution body of the Military District Court offers a suspended sentence of imprisonment for a prisoner who is accepting a prison sentence in a detention facility in the District of Management.

4. The Provincial People's National Institute of Human Rights, the Military Police Department, the Military Police Department, is offering a suspended sentence of imprisonment for the prisoner who is in charge of a prison sentence of his jurisdiction.

What? 6. The deadline for the suspension of imprisonment is suspended

1. The person who suffers from severe illness is suspended for the execution of a prison sentence once or repeatedly until the health of recovery.

2. The inmate is a pregnant or pregnant woman under 36 months of age who is suspended for a prison sentence until she is 36 months old.

3. The prisoner is the only labour in the family or due to the need for the service to be temporarily suspended only once or repeatedly, but the total amount of time is suspended for a maximum of one year.

Chapter III

SEQUENCE, PROCEDURE, AND TEMPORARY OFFER FILES

ACCEPT THE PRISON SENTENCE

What? 7. The jury, offering a temporary suspended sentence of imprisonment

1. The detention department of the Department of Public Security Council established the Council of Public Affairs, offering a temporary suspension of a prison sentence held by the Director as Chairman, Deputy Director in charge of educational work, records as Permanent Commissioner, Education Captain and Profile as Secretary of State for Secretary of State. Commissioners include: Deputy Director; Head of the Camp; Captain of the Teams: Staff, Police, Reconnaissance, Reconnaissance, Police Protection-maneuvers, Planning, Career, Teaching and Construction, Logistics, Health, Health and Environmental Protection.

2. The detention facility of the Ministry of Public Security, the Provincial Security Council of the Provincial Public Security Council, recommended that the temporary suspension of imprisonment by the Chief Executive Officer, Deputy Director in charge of the Division of Offender Management as Permanent Commissioner, Chief Analyst The prisoner management camp, the Head of the Scout Team, the Police Chief of Police, the surveillance staff, the education, the education of the Department of Offender Management as a commissioner, and the Chief of Staff as a clerk.

3. The District Security is established by the Council of Deputies, offering a temporary suspended sentence of imprisonment by the Chief Executive Officer of the District Security Council as Chairman of the Council, Captain of the Police Team on criminal execution and judicial assistance as the Permanent Commissioner. Directly, the administrator, the medical officer, the commissioner, and the general staff of the law enforcement of the public office are the secretary of state.

4. The detention camps, detention camps belonging to the Ministry of Defence or in the District of the Military District, recommended that the temporary suspension of imprisonment by the Director as President, Deputy Director as Permanent Commissioner, Assistant to the detention of secretary and commissioners: Politics I'm a member of the Army, the Chief of the Guard, the Guard, the Army, the Letters.

What? 8. The procedure, the procedure, and the filing appraisal of the filing offer only the prison sentence.

1. The jury, which offers a temporary suspension of the detention of the detention facility, the Department of Public Security detention department of the Department of Public Security offers a suspended sentence for the prisoner who is accepting a prison sentence in detention, that detention, and transfers to the Department of Corrects for Corrects and Reconciliation. The community belongs to the General Police Department for criminal justice and criminal justice, the Ministry of Public Security for review, appraisal.

2. The jury, which offers a temporary suspension of the detention of the detention facility, the Department of Defense of the Ministry of Defense for filing a suspended sentence for the inmate who is accepting a prison sentence at the detention facility, the detention facility, and the transfer to the law enforcement agency. The Ministry of Defense for consideration, appraisal.

3. The jury, which proposes a temporary suspension of the detention of the provincial detention detention facility, the body of criminal law enforcement of the District Public Security Court filing a suspended sentence for a suspended prison sentence for a prisoner who is accepting a prison sentence at a temporary camp. Detention of the Provincial Security Service, the Court of Public Affairs of Public Affairs and reports of the Chief Minister of Public Security examination of the Department of Public Security review, appraisal.

4. The jury, which offers to suspend the detention of a detention facility in the District of the District of the Court, recommended that the inmate be suspended for the detention of that detention facility and transfer to the body of military criminal justice for consideration, appraisal.

5. The jury, which offers a temporary suspension of the detention of a detention facility in the case of the filing of a suspended court order, only for the prisoner who is in charge of a prison sentence in the district office, reports the Chief Executive Officer of the Military District Court. Review, appraisal.

6. For a 2-day period of work, since the date of receiving a suspended motion file, the authorities have the authority to judge the filing of a temporary request to be considered, appraisal, and have the text of reply to the filing body for the filing of a temporary suspension. If the file recommended that the temporary jail sentence is not fully available, the appraisal agency requires the body to create additional records or further clarify. The 02-day deadline for review, the appraisal appraisal, since the day the appraisal agency receives an additional document or solution text on the issue that needs to be clarified further.

In the 02-day period, since the date of the accepted opinion of the authorities, the authorities, the detention facility, the Department of Public Security, the Department of Defense, the Military District detention facility, the Court has the authority to review, the decision to suspend. It's a prison sentence. For the inmate who is accepting a prison sentence at the Provincial Security detention facility, the body of the criminal justice department, the district office, after the case of the case, the body of the Provincial Security Council, the law enforcement agency, The Military District Court, the Military Court of the Military District, is considered to be sentenced to death by the Military Court of the Military District.

7. For the inmate who has been sentenced to prison for 15 years or more HIV-transfer AIDS is having opportunal infections and is not able to self-serve itself, has a bad progdism, high risk of death, the authorities have the authority to recommend the parole only. The prison sentence stipulated in paragraph 1, 2, 3 Articles 5 of this confines of the federal government to file a suspended sentence of imprisonment and transfer to the Chief Justice of the Court of Inquisition, decided without having to debrief the filing of a temporary request to the court. The other case.

The filing of a suspended prison sentence for the statutory inmate at this paragraph must be sent to the Institute for the same level as the Court with the authority to decide on a temporary suspension to carry out the function of examination of the law.

8. Through the enforcement of the execution exam, if there is a qualified prisoner who is suspended for a prison sentence, the Institute of Examination of itself or has a written claim to the custody of the detention facility, the detention facility, the Chief Executive Officer of the Provincial Security Council, granted. Now, the military district office is filing a temporary prison sentence for the prisoner. In the case of the warden's arrest, the detention facility, the head of the body of the Provincial Public Security Council, the department of the district office, issued a suspended sentence, which would only accept a prison sentence for the prisoners at the request of the Institute for inspection, the procedure, the procedure, the procedure. regulation of the 1, 2, 3, 4, 5, 6, 7 of this.

What? 9. The file recommended that the parole conduct be suspended.

The file recommended that the parole conduct be given to the inmate:

1. The copy of the sentence or copy of the criminal verdict has been in legal effect.

2. The copy of the decision to enforce the prison sentence.

3. The recommended text of the Penal Service, the Department of Public Security or the Ministry of Defense, the Provincial Public Service Enforcement Enforcement Agency or the Military Ministerial Level Execution Body accompanying the ballot offer the suspended sentence of imprisonment (the proposal). It is provided by the Ministry of Public Security or the Ministry of Defense.

4. The consent text of the competent appraisal agency.

5. The recommended text of the Ministry of Public Security or the Ministry of Defence and the written consent of the Chief Justice of the Supreme People 's Court, the Institute of Ministers of the Supreme People' s Control (for the specified cases at the 3 Article 4 of this Federal Information).

6. The family ' s order of the offender offering a temporary jail sentence for that prisoner, confirmed by the Standing Committee of the People's Committee on residence or the recommended text of the residence of the residence of the residents of the residence (if the family of prisoners no one else is eligible to do so). It's a petition to suspend prison sentences for a prisoner.

7. For the range of pregnant women or are raising a child under 36 months of age must have the conclusion of the district hospital to return to a pregnancy or a copy of the birth certificate or birth certificate of the prisoner, confirmation of the Camp Monitor. Prison, detention, the head of the law enforcement officer, the criminal justice of the district office, where the prisoner is on the case of their custody of the children under 36 months of age in detention, detention, detention facilities.

8. For patients with severe illness there must be a conclusion of the Board of Medical Examiner or a copy of the Hospital, the conclusion of the Provincial Hospital or the military level returning to the condition of the person ' s health. HIV-infected patients who have moved the AIDS phase must have a result of HIV testing under the Health Ministry ' s regulation and the pathology or conclusion of the competent health agency confirmed to have moved the AIDS phase, which is having an opportunal infection, is unlikely. Self-serving and has a bad progct, high risk of death.

The health authorities and hospitals are responsible for providing the full range of documents relating to the health of the offender when there is an offer of authority.

9. For the inmate offered to suspend the prison sentence only for reasons of being the only labour in the family to have the confirmation of the Social People ' s Committee where the sentenced to permanent convictions are the only labour in the family, if the case is suspended. We'll have to accept a prison sentence, and the family will have a special difficulty.

10. For the absence of a suspended prison sentence due to a need for a service to have a proposed text of the agency, organization, local government or army unit that is involved in the implementation of that work.

11. The document recommended that the parole conduct be accepted only by the Institute of Examination (in the case of the Recommended Inspection).

What? 10. A temporary suspension for the person waiting to take the prison sentence.

The person who is waiting to accept a prison sentence if it is eligible under the provisions of Article 4 of this federation can be recommended for a suspended prison sentence. Conditions, deadlines, authority, procedures, procedures, procedures, the filing of a suspended sentence for the imprisonment of a prison sentence were carried out as a prisoner who was accepting a prison sentence at the Court of Public Safety law enforcement, the Department of Public Security, the Department of Defense, The detention facility is administered by the Provincial Security or the Military District.

Chapter IV

THE DECISION TO SUSPEND THE PRISON SENTENCE IS SUSPENDED.

AND THE EXECUTION OF THE DECISION TO SUSPEND

PRISON SENTENCE

What? 11. Review, the decision to suspend the prison sentence only

1. In a 7-day period, since the date received the filing of a suspended sentence of imprisonment, the Chief Justice of the Provincial Court, the Military District Court where the inmate is accepting the case must review, the decision to accept or not accept a temporary offer. Suspended prison sentences. In case of an unknown document or document, the Chief Justice of the Court asked the agency to recommend that the sentence be accepted only by an additional prison sentence or further clarified. In this case, the 7-day deadline for review, the decision to be recharged, since the day the Court Chief received additional documentation or written opinion on the issue that should be further clarified.

2. The case does not accept a temporary offer to approve the prison sentence, the Chief Justice of the Provincial Court, the District Military District Court where the prisoner is accepting the right to notify the same degree of written notice to the Institute of the same degree and the proposed temporary request agency. It is clear that there is no acceptable reason for the prisoner to be suspended for a prison sentence.

3. When the Institute of Examination had a petition to the notice of the notification not to accept a temporary offer only to accept a prison sentence for indefinite or anti-verification reasons for the decision to suspend the prison sentence only because of the full base, the Chief Justice of the Court. has the authority to decide on the suspended order only to review the petition or appeal of the examination institute. If the petition or appeal is based, the Court's Chief Justice has to make a decision to suspend the sentence of imprisonment or cancel the decision of a suspended prison sentence.

What? 12. The execution of a suspended sentence will only accept a prison sentence

1. The sending of a suspended decision to the execution of a prison sentence; the hand, the manager, continues the execution of the sentence for the suspended; the end of the suspension, the prosecution, the arrest of the suspended suspended; settlement of the temporary person. The death sentence is carried out in accordance with Article 32 of criminal law enforcement.

2. For the person who is being suspended due to a severe illness that has a medical condition or conclusions of the provincial medical examiner, the military district determines their health has not yet recovered, the body of the provincial public criminal execution body where they go home, the criminal execution body. The military district where the unit was entrusted to the person who informed the Chief Justice of the Court has decided to suspend the prison sentence, decide whether to continue for them to be suspended. Documents accompanying the text of the body of the Provincial Public Security Council or the body of the Military District Court of the District are: the application continues to be suspended by the person who is suspended or their relatives, with the confirmation of the People's Committee. The military unit is assigned to the person who is temporarily suspended; the patient copy or the medical examiner's conclusion determines the condition of the person's health has not yet recovered.

Chapter V.

EXECUTION CLAUSE

What? 13.

The federation has been in effect since 1 July 2013.

Previous texts by the Ministry of Public Security, Ministry of Defense, Ministry of Health, Supreme People 's Court, the Supreme People' s Institute for the Supreme People's Guide to a suspended sentence of imprisonment for a left inmate with this Federal Information are abolished.

What? 14.

1. The agencies, organizations, individuals with the responsibility of the Ministry of Public Security, Ministry of Defense, Ministry of Health, People 's Court, People' s Court of Police, Military Court of Military Affairs, the Military Inspection Department of the Ministry of Military inspection of the organization responsible for the organization.

2. The criminal execution body of the District Security Council must regularly monitor, monitor, and periodically three months, six months, a year of inspection, review, evaluation of the results of the execution of a suspended decision, and in time to report to the body of execution. The criminal justice of the Ministry of Public Security, the result of the results of the management of the Department of Public Security.

3. Military-level criminal execution body must regularly monitor, monitor, and periodically three months, six months, a year of inspection, review, assessment of the results of the execution of a suspended decision which will only accept prison sentences and in time of synthesis, report results on the basis. The law enforcement officer of the Department of Defense.

4. In the course of the execution of the Citizenship System, if there is an entangrium, the agencies, the unit report 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 for a timely guidance.

KT. Minister of the Ministry of Public Security
Chief.

KT. The Supreme Court of the People.
Vice Chief of Staff.

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

(signed)

(signed)

(signed)

General Lê Guan Wang

To Light

Chen Zhen

KT. Minister of Health.
Chief.

KT. SECRETARY OF DEFENSE
Chief.

(signed)

(signed)

Nguyen Thi

General Nguyen Cheng