Chương XXV Bộ luật Tố tụng Hình sự 2003: Những quy định chung về thi hành bản án và quyết định của Tòa án

Chapter XXV: GENERAL PROVISIONS ON EXECUTION OF COURT JUDGMENTS AND DECISIONS

Article 255.- Judgments and decisions to be executed

1. Judgments and decisions to be executed are those which have become legally valid, including:

a/ Judgments and decisions of the courts of first instance, which are not appealed or protested against according to the appellate procedures;

b/ Judgments and decisions of the courts of appeal;

c/ Decisions of the courts of cassation or reopening trial

2. For cases where defendants are kept in temporary detention but the courts of first instance decide to cease the cases, not to convict them, exempt them from penal liability or penalty, to hand down non-custodial penalties or suspended sentences or where the imprisonment terms are equal to or shorter than the temporary detention periods, the court judgments or decisions shall be immediately executed though they may be protested or appealed against.

Article 256.- Procedures for execution of court judgments and decisions

1. Within seven days after the court judgments or decisions become legally valid or after receiving the appellate judgments or decisions, the cassation-trial or reopening trial decisions, the presidents of the courts which have conducted the first-instance trials shall have to issue decisions to execute the judgments or entrust other courts of the same level to issue decisions to execute the judgments.

2. A decision to execute a judgment must contain the full name of its issuer; the name of the agency tasked to execute the judgment or decision; the full name, birth date and residence of the convict; the judgment or decision the convict must serve.

Where the convicts are on bail, the decisions to execute the imprisonment sentences must clearly state that within seven days after receiving the decisions, the convicts must appear at the police offices to serve their sentences.

3. Decisions to execute judgments and judgment or decision extracts must be sent to the procuracies of the same level of the places where the judgments are to be executed, the judgment-executing agencies and the convicts.

4. If the persons on bail escape after being sentenced to imprisonment, the presidents of the courts which have issued the decisions to execute the judgments shall request the investigating bodies of the same level to issue pursuit warrants.

Article 257.- Agencies, organizations tasked to execute court judgments and decisions

1. The police agencies shall execute the penalties of expulsion, termed imprisonment, life imprisonment and join the councils for execution of death penalties as prescribed in Article 259 of this Code.

2. The commune, ward or township administrations of the places where the convicts reside or agencies or organizations where the convicts work shall be tasked to monitor, educate and supervise the reform of the persons serving suspended sentence or non-custodial reform.

3. The execution of penalties of probation, residence ban, deprivation of a number of civic rights, ban from holding certain positions, ban from practicing certain occupations or doing certain jobs shall be undertaken by the commune, ward or township administrations or agencies or organizations, where the judgments are executed.

4. Specialized medical establishments shall execute decisions on compulsory medical treatment.

5. Civil judgment-executing agencies shall execute penalties of pecuniary fine or property confiscation and civil decisions in criminal cases. The commune, ward or township administrations or agencies or organizations shall be tasked to assist executors in executing the judgments. If it is necessary to apply forcible measures to execute the judgments, the police and other concerned agencies shall have to coordinate therein.

6. The execution of judgments and decisions of military courts shall be undertaken by organizations in the army, except for the penalty of expulsion.

7. Judgment-executing agencies must report to the presidents of the courts which have issued decisions to execute the judgments on the execution of the judgments or decisions; and state clearly the reasons if they cannot execute them yet.

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