Phần thứ năm Bộ luật Tố tụng Hình sự 2003: Thi hành bản án và quyết định của Tòa án

Part Five

EXECUTION OF COURT JUDGMENTS AND DECISIONS

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.

Chapter XXVI: EXECUTION OF DEATH PENALTY

Article 258.- Procedures for consideration of death judgments before execution

1. After the death judgments become legally valid, the case files must be immediately sent to the President of the Supreme People’s Court and the judgments must be immediately sent to the Chairman of the Supreme People’s Procuracy.

Within two months after receiving the judgments and case files, the President of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy shall have to decide to protest or not to protest against the judgments according to cassation or reopening procedures.

Within seven days after the judgments become legally valid, the convicts may send amnesty petitions to the State President.

2. Death judgments shall be executed if they are not protested against by the President of the Supreme People’s Court and the Chairman of the Supreme People’s Procuracy according to cassation or reopening procedures.

Where the death judgments are protested against according to cassation or reopening procedures but the cassation trial panel or the reopening trial panel of the Supreme People’s Court decides to reject such protests and retain the death judgments, the Supreme People’s Court must immediately notify the convicts thereof so that the latter can make petitions for commutation of their death penalties.

Where the convicts have made petitions for commutation of their death penalties, the death penalties shall be executed after the State President rejects their petitions.

Article 259.- Execution of death penalty

1. The presidents of the courts which have conducted first-instance trials shall issue execution decisions and set up the councils for execution of death penalty, each consisting of representatives of the court, procuracy and police. The judgment-executing councils must check the identity cards of the convicts before executing the judgments.

Where the convicts are women, before issuing decisions to execute the judgments, the presidents of the courts which have conducted first-instance trials shall have to examine the conditions for non-application of death penalty, prescribed in Article 35 of the Penal Code. If there are grounds that the convicts meet the conditions prescribed in Article 35 of the Penal Code, the presidents of the courts which have conducted first-instance trial shall not issue decisions to execute the judgments and report such to the President of the Supreme People’s Court for consideration and commutation of the death penalty to life imprisonment for the convicts.

Before executing women convicts, the judgment-executing councils shall, apart from checking their identity cards, have to check the documents related to the conditions for non-application of the death penalty prescribed in Article 35 of the Penal Code.

Where the judgment-executing councils detect that the convicts meet the conditions prescribed in Article 35 of the Penal Code, they shall postpone the execution and report such to the presidents of the courts which have conducted first-instance trial for reporting to the President of the Supreme People’s Court for consideration and commutation of the death penalty to life imprisonment for the convicts.

2. Before the execution, the convicts must be handed and read the decisions to execute the judgments, decisions not to protest against the judgments, made by the President of the Supreme People’s Court and decisions not to protest against the judgments, made by the Chairman of the Supreme People’s Procuracy; if the convicts have made petitions for commutation of their death penalty, they must be handed and read the State President’s decisions to reject their commutation petitions.

3. Death penalties shall be executed by shooting.

4. The execution of death penalty must be recorded in a minutes which must clearly state the handing of decisions to the convicts for reading, their words, correspondence and articles they have left to their relatives.

5. In special circumstances, the judgment-executing councils shall postpone the execution and report such to the presidents of the courts which have issued the execution decisions for further reporting to the President of the Supreme People’s Court.

Chapter XXVII: EXECUTION OF IMPRISONMENT PENALTIES AND OTHER PENALTIES

Article 260.- Execution of imprisonment penalties

1. If the convicts are under temporary detention, the police agencies must permit them to meet their relatives before serving their sentences at the requests of the convicts’ relatives.

The superintendence boards of the prisons must notify the convicts’ families of the places where such convicts shall serve their penalties.

2. Where the convicts are on bail, past the time limit if they do not appear at the police offices to serve their penalties, they shall be escorted.

3. The presidents of the courts which have issued judgment execution decisions must monitor the execution of the judgments. The police agencies must notify the courts of the arrest of the convicts for execution of the judgments or of the reasons for failure to arrest them and measures to be taken to ensure the execution of the judgments.

4. Where the persons who are serving their imprisonment penalties escape from the prisons, the police agencies shall issue pursuit warrants.

Article 261.- Postponement of serving of imprisonment penalties

1. For persons who are sentenced to imprisonment but on bail, the presidents of the courts which have issued judgment execution decisions may permit on their own or at the requests of the procuracies or police agencies of the same level or the convicts to postpone the serving of imprisonment penalties in the cases prescribed in Clause 1, Article 61 of the Penal Code.

2. At least seven days before the expiry of the period of postponement of the serving of imprisonment penalties, the presidents of the courts which have permitted the postponement must issue judgment execution decisions and immediately send them together with the copies of the legally valid imprisonment judgments and/or decisions to the police agencies of the same level and the convicts before the expiry of the period of postponement of the serving of imprisonment penalties.

Past seven days after the expiry of the period of postponement of the serving of imprisonment penalties, if the convicts do not appear at the police offices without plausible reasons in order to go to serve their imprisonment penalties, the police agencies shall have to escort them to go to serve their imprisonment penalties.

Article 262.- Suspension of serving of imprisonment penalties

1. At the requests of the procuracies or the superintendence boards of the prisons where the convicts are serving their imprisonment penalties:

a/ The presidents of the provincial-level courts of the places where the convicts are serving their imprisonment penalties may allow such convicts to temporarily stop serving their imprisonment penalties in the cases prescribed at Point a, Clause 1 of Article 61, and in Article 62 of the Penal Code.

b/ The presidents of the courts which have issued judgment execution decisions may allow the persons serving their imprisonment penalties to temporarily stop serving their imprisonment penalties in the cases prescribed at Points b, c and d, Clause 1 of Article 61, and in Article 62 of the Penal Code.

At least seven days before the expiry of the period of suspension of imprisonment penalties, the presidents of the courts which have permitted the suspension of serving of imprisonment penalties must issue judgment execution decisions with regard to the remaining part of their penalties and immediately send such decisions to the police agencies of the same level in the same places of the courts which have issued the suspension decisions and to the convicts.

Past seven days after the expiry of the period of suspension of the serving of imprisonment penalties, if the convicts do not appear at the police offices without plausible reasons in order to go to serve their imprisonment penalties, the police agencies shall have to escort them to go to serve their imprisonment penalties.

2. The suspension of the serving of imprisonment penalties for trial according to cassation or reopening procedures must be decided by the protestors or the courts of cassation or reopening trial level.

Article 263.- Management of persons enjoying postponement or suspension of serving of imprisonment penalties

1. Persons enjoying the postponement or suspension of the serving of imprisonment penalties shall be assigned to the commune, ward or township administrations of the places where they reside or the agencies or organizations where they work for management. They must not go elsewhere without the permission of the commune, ward or township administrations or the agencies or organizations that manage them.

2. During the period of postponement or suspension of the serving of imprisonment penalties, if the convicts commit serious law violations or there emerge grounds to believe that they may abscond, the presidents of the courts which have permitted the postponement or suspension of the serving of imprisonment penalties shall cancel such decisions then issue judgment execution decisions to force them to serve their imprisonment penalties. Such judgment execution decisions shall be sent to the police agencies of the same level in the same localities of the decision-issuing courts. Immediately after receiving the judgment execution decisions, the police agencies must organize the arrest and escort of the convicts to go to serve their imprisonment penalties.

Article 264.- Execution of suspended sentences and non-custodial reform penalty

Persons subject to suspended sentence and persons subject to non-custodial reform penalty shall be assigned to the commune, ward or township administrations of the places where they reside or the agencies or organizations where they work for supervision and education.

Article 265.- Execution of expulsion penalty

Persons subject to expulsion must get out of the territory of the Socialist Republic of Vietnam within fifteen days after the execution decisions are issued. Where the persons subject to expulsion penalty must also serve other penalties or perform other obligations, the time limit for them to get out of the territory of the Socialist Republic of Vietnam shall be prescribed by law.

Article 266.- Execution of probation or residence ban penalty

For persons subject to probation, after they have completely served their imprisonment penalties, they shall be assigned to the commune, ward or township administrations of the places where they reside for execution of the probation penalty. Persons subject to residence ban shall not be allowed to temporarily or permanently reside in the localities where they are banned from residing in.

Article 267.- Execution of fine or property confiscation penalty

Decisions to execute fine or property confiscation judgments must be sent to the procuracies of the same level, executors, convicts and the administrations of the communes, wards or townships where the convicts reside.

Property confiscation shall be conducted under the provisions of Article 40 of the Penal Code.

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.

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.