Chương XXXIII Bộ luật Tố tụng Hình sự 2003: Thủ tục áp dụng biện pháp bắt buộc chữa bệnh

Chapter XXXIII: PROCEDURES FOR APPLICATION OF THE COMPULSORY MEDICAL TREATMENT MEASURE

Article 311.- Conditions for application of, and competence to apply, the compulsory medical treatment measure

1. Where there are grounds to believe that the persons having committed acts dangerous to the society have no capacity for penal liability as provided for in Article 13 of the Penal Code, depending each particular proceeding stage, the investigating bodies, procuracies or courts must solicit forensic examination.

2. Basing themselves on the conclusions of the forensic examination councils, the procuracies shall decide to apply the compulsory medical treatment measure at the investigation and prosecution stages; the courts shall decide to apply the compulsory medical treatment measure at the trial and judgment execution stages.

Article 312.- Investigation

1. For the cases involving grounds specified in Clause 1, Article 311 of this Code, the investigating bodies must clarify:

a/ Committed acts dangerous to the society;

b/ The mental conditions and mental diseases of the persons having committed acts dangerous to the society;

c/ Whether or not the persons having committed acts dangerous to the society have lost their capacity to perceive or control their acts.

2. When conducting the procedure, the investigating bodies must ensure the participation by defense counsels in the procedure from the time it is determined that the persons having committed acts dangerous to the society suffer from mental diseases. In case of necessity, lawful representatives of such persons may participate in the proceedings.

Article 313.- Decisions of procuracies upon termination of investigation

After receiving the case files and the written investigation conclusions, the procuracies may issue one of the following decisions:

1. To suspend or cease the case;

2. To cease the case and decide to apply the compulsory medical treatment measure.

3. To prosecute the accused before court.

Article 314.- Trial

1. The courts may issue one of the following decisions:

a/ To exempt the penal liability or penalties and apply the compulsory medical treatment measure;

b/ To cease the case and decide to apply the compulsory medical treatment measure;

c/ To suspend the case and decide to apply the compulsory medical treatment measure;

d/ To return the file for re-investigation or additional investigation.

2. Apart from deciding to apply the compulsory medical treatment measure, the courts may settle the issue of damage compensation or other matters related to the cases.

Article 315.- Application of the compulsory medical treatment measure to persons serving imprisonment penalties

Where there are grounds to believe that the persons who are currently serving imprisonment penalties suffer from mental diseases or other ailments which have deprived them of the capacity to perceive or control their acts, at the requests of the imprisonment penalty-executing agencies, the presidents of the provincial-level people’s courts or the presidents of the military zone-level military courts in the localities where the convicts are serving their penalties must solicit forensic examination.

Basing themselves on the conclusions of the forensic examination councils, the presidents of the provincial-level people’s courts or the presidents of the military zone-level military courts in the localities where the convicts are serving their penalties may decide to send them into specialized medical establishments for compulsory medical treatment. After recovery, such persons shall have to continue serving their penalties if they have no reasons for exemption from serving their penalties.

Article 316.- Complaints, protests, appeals

1. When the procuracies’ decisions to apply the compulsory medical treatment measure are complained about, the cases must be brought for first-instance trial by the courts of the same level.

2. Protests or appeals against the courts’ decisions to apply the compulsory medical treatment measure shall be lodged in the same way as against first-instance judgments.

3. Despite complaints, protests or appeals, the courts’ decisions to apply the compulsory medical treatment measure shall still take implementation effect.

Article 317.- Implementation, suspension of implementation of the compulsory medical treatment measure

1. The compulsory medical treatment measure shall be implemented at specialized medical establishments designated by the procuracies or courts.

2. When there are reports of the medical treatment establishments and written requests of the relatives of the persons subject to compulsory medical treatment or requests of the procuracies, on the basis of the conclusions of the forensic medicine examination councils, the procuracies or courts which have issued the decisions to apply the compulsory medical treatment measure may issue decisions to cease the implementation of the compulsory medical treatment measure and may concurrently decide to resume the suspended proceedings.

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