Chương XXVIII Bộ luật Tố tụng Hình sự 2003: Giảm thời hạn hoặc miễn chấp hành hình phạt

Chapter XXVIII: REDUCTION OF PENALTY TERMS OR EXEMPTION FROM SERVING PENALTIES

Article 268.- Conditions for reduction of penalty terms or exemption from serving penalties

1. Persons who are serving imprisonment, non-custodial reform, residence ban or probation penalties may have the terms of serving such penalties reduced under the provisions of Articles 57, 58, 59 and 76 of the Penal Code; if they have not yet served their penalties, they may be exempt from serving the whole penalties under the provisions of Clauses 1, 2, 3 and 5, Article 57 of the Penal Code.

Persons who are allowed to temporarily stop serving their imprisonment penalties may be exempt from serving the remainder of their penalties under the provisions of Clause 4, Article 57 of the Penal Code.

Persons who have served part of their fine penalties may be exempt from paying the remaining amounts of fine under the provisions of Clause 2, Article 58 and Clause 3, Article 76 of the Penal Code.

2. Persons subject to suspended sentence may have their testing periods shortened under the provisions of Article 60 of the Penal Code.

Article 269.- Procedures for reduction of penalty terms or exemption from serving penalties

1. The courts competent to decide on the reduction of imprisonment terms shall be provincial-level people’s courts or military zone-level military courts of the places where the convicts serve their imprisonment penalties.

The courts competent to decide on the exemption from serving imprisonment penalties shall be provincial-level people’s courts or military zone-level military courts of the places where the convicts reside or work.

The reduction of the terms of, or exemption from serving, other penalties or reduction of the testing periods shall be decided by the district-level people’s courts or the regional military courts of the places where the convicts are serving their penalties or undergoing the test.

2. Dossiers of application for exemption from serving non-custodial reform penalties, exemption from serving the whole or remainder of imprisonment penalties, exemption from paying remaining fine amounts must contain the proposals of the chairmen of the procuracies of the same level.

Dossiers of application for reduction of imprisonment terms must contain the proposals of the agencies executing the imprisonment penalties.

Dossiers of application for reduction of the terms of non-custodial reform penalties must contain the proposals of the agencies, organizations or local administrations assigned to directly supervise and educate the convicts.

Dossiers of application for reduction of, or exemption from serving, other penalties or shortening of the testing periods of suspended sentences must contain the proposals or comments of the agencies or organizations tasked to execute the judgments as prescribed in Article 257 of this Code.

3. While a court considers the reduction of penalty terms or exemption from serving penalties, one member of the court shall present the matters to be considered, then a representative of the procuracy shall express his/her opinions. The court shall issue a decision to accept or reject the application for reduction of penalty terms or exemption from serving penalties or for shortening of the testing period.

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