Chương XXIX Bộ luật Tố tụng Hình sự 2003: Xóa án tích

Chapter XXIX: REMISSION OF CRIMINAL RECORDS

Article 270.- Automatic remission of criminal records

At the requests of the persons entitled to automatic remission of criminal records prescribed in Article 64 of the Penal Code, the presidents of the courts which have conducted the first-instance trial of their cases shall grant certificates of remission of their criminal records.

Article 271.- Remission of criminal records by court decisions

1. In the cases prescribed in Article 65 and Article 66 of the Penal Code, the remission of criminal records shall be decided by courts. The convicts must file their applications with the courts which have conducted the first-instance trial of their cases together with the comments of the commune, ward or township administrations of the places where they reside or the agencies or organizations where they work.

2. The presidents of the courts which have conducted the first-instance trial shall transfer the case files to the procuracies of the same level for the latter to state in writing their opinions on the applications for remission of criminal records. If deeming that all conditions are satisfied, the presidents shall issue decisions to remit the criminal records; if conditions are not fully met, the presidents of the courts shall decide to reject such applications.