Chương V Luật Đặc xá 2018: Khiếu nại, tố cáo trong thực hiện đặc xá

Chapter V

COMPLAINTS AND DENUNCIATIONS IN PARDON

Article 36. Complaints about lists of eligible pardon petitioners on the occasion of great national events or holidays

1. Pardon petitioner may lodge complaints about non-inclusion of their names in lists of pardon petitioners despite their eligibility by superintendents of prisons or detention centers under the Ministry of Public Security or the Ministry of Defense, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones.

2. Complainants may lodge complaints by themselves or through their representatives to the competent entities prescribed in Clause 1 Article 37 of this Law.

3. The time limit for lodging complaints is five working days from the date on which the lists of eligible pardon petitioners is announced and posted up as prescribed in Clause 4 Article 15 of this Law.

Article 37. Complaint settlement competence and time limit

1. Superintendents of prisons or detention centers affiliated to the Ministry of National Defense, the heads of prison’s superior bodies affiliated to the Ministry of Public Security, the heads of provincial Public Security, the heads of criminal enforcement agencies of military zones, the Chief Judge of People’s Courts of provinces, the Chief Judge of Military Courts of military zones shall consider and settle complaints within 05 days after receiving them.

The complaint handling decision must be promptly sent to the complainant and the People’s Procuracy which examined the preparation of list of eligible pardon petitioners and dossiers thereof in accordance with this Law.

2. If disagreeing with complaint settlement decisions of the competent persons prescribed in Clause 1 of this Article, within 05 days after receiving the decisions, the complainants may further lodge their complaints to the Minister of Public Security or the Minister of Defense, the Chief Justice of the Supreme People’s Court; the People’s Procuracy prescribed in Clause 1 of this Article may send a proposal to the Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People’s Court.

Within 05 days from the receipt of a complaint, the Minister of Public Security, the Minister of National Defense, the Chief Justice of the Supreme People’s Court must deal with it, if the complaint is accepted, the eligible pardon petitioner shall be included in the equivalent list; if the complaint is rejected, the ineligible pardon petitioner shall be included in the equivalent list; and give a written notice to the complainant and the People’s Procuracy.

Article 38. Denunciations against law violations in grant of pardon

Individuals may denounce law violations in grant of pardon. Denunciations against law violations in grant of pardon shall be settled in accordance with the law on denunciations.