Chapter XI
INSPECTION OF EXECUTION OF CRIMINAL JUDGMENTS
Article 141. Tasks and powers of procuracies in inspecting criminal judgment execution
In inspecting criminal judgment execution, a procuracy has the following tasks and powers:
1. To request courts at the same level and lower levels to issue decisions to execute criminal judgments in accordance with law;
2. To request courts, criminal judgment execution agencies, agencies and organizations assigned to perform some tasks of criminal judgment execution to self-examine their criminal judgment execution and notify examination results to it; to supply dossiers and documents related to criminal judgment execution;
3. To detect and promptly handle illegal acts in the criminal judgment execution according to its competence; to decide on immediate release of persons currently serving groundless and unlawful prison sentences;
4. To inspect on a periodical or extraordinary basis the observance of law in the judgment execution by criminal judgment execution agencies at the same level and lower levels, agencies and organizations assigned to perform some tasks of criminal judgment execution; to inspect criminal judgment execution dossiers of criminal judgment execution agencies at the same level and lower levels, and agencies and organizations assigned to perform some tasks of criminal judgment execution. Provincial-level people's procuracies shall directly inspect the observance of law, make protests, proposals or requests regarding the execution of prison sentences by local prisons;
5. To request exemption from, postponement, suspension or termination of the serving of sentences; to participate in the consideration of reduction of the term of or exemption from serving sentences or judicial measures, or reduction of the probation term:
6. To make protests, proposals or requests regarding the execution of criminal judgments by courts, criminal judgment execution agencies at the same level and lower levels, agencies and organizations assigned to perform some tasks of criminal judgment execution and related persons; to request termination of the execution, amendment or annulment of unlawful decisions in the criminal judgment execution; to terminate illegal acts;
7. To receive and settle complaints and denunciations about management and education of persons subject to prison sentence; to inspect the observance of law in the settlement of complaints and denunciations about criminal judgment execution;
8. To institute lawsuits or request investigative agencies to institute criminal lawsuits upon detecting signs of crime in the criminal judgment execution under law.
Article 142. Inspection of the observance of law in the settlement of complaints and denunciations
1. Procuracies shall directly inspect the settlement of complaints and denunciations by courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies and organizations assigned to perform some tasks of criminal judgment execution.
2. In inspecting the settlement of complaints and denunciations in the criminal judgment execution, procuracies may request courts, criminal judgment execution management agencies, criminal judgment execution agencies. and agencies and organizations assigned to perform some tasks of criminal judgment execution at the same level and lower levels:
a/ To issue documents on settlement of complaints and denunciations under Chapter XIII of this Law;
b/ To examine the settlement of complaints and denunciations falling within their competence and by their subordinates; to notify settlement results to procuracies;
c/ To supply dossiers and documents relevant to the settlement of complaints and denunciations to procuracies.
Article 143. Settlement of proposals, protests and requests, execution of procuracy decisions on criminal judgment execution
Agencies, organizations and individuals involved in the criminal judgment execution shall, within the ambit of their tasks and powers, examine, settle and reply to proposals, protests and requests, and execute procuracy decisions on criminal judgment execution.
Within 15 days after receiving protests specified in Clause 6, Article 141 of this Law, courts, criminal judgment execution management agencies, criminal judgment execution agencies, or agencies or organizations assigned to perform some tasks of criminal judgment execution shall issue replies. In case of disagreement with these protests, these agencies and organizations may lodge complaints with immediate superior procuracies, which shall settle these complaints within 15 days after receiving them. Decisions of immediate superior procuracies must be executed.
Criminal judgment execution agencies shall promptly execute decisions specified in Clause 3. Article 141 of this Law. Even if disagreeing with these decisions, they shall still execute them but may lodge complaints with immediate superior procuracies. Within 10 days after receiving a complaint, the director of the immediate superior procuracy shall settle it.
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