Chương IV Luật Thi hành án hình sự 2019: Thi hành án tử hình

Chapter IV

EXECUTION OF THE DEATH SENTENCE

Article 77. Decision to execute the death sentence

1. The chief judge of the court which has conducted the first-instance trial shall issue a decision to execute the death sentence. Such decision must clearly indicate the date of issuance, full name and position of the decision maker; the judgment or decision to be executed; the full name, date of birth and place of residence of the sentenced person.

2. Within 3 working days after issuing a decision to execute the death sentence, the court shall send it to the following agencies:

a) The same-level procuracy and criminal judgment execution agency;

b) The detention center where the sentenced person is held:

c) The Department of Justice of the province where the issuing court is based.

Article 78. Decision to form a death sentence execution council

1. Immediately after issuing a decision to execute the death sentence, the chief judge of the issuing court shall send a written request to the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level police department or of military zone to appoint representatives to participate in the death sentence execution council. Within 3 working days after receiving the request, the chief procurator of the same-level procuracy and the head of the criminal judgment execution agency of the provincial-level police department or of military zone shall appoint representatives in writing to participate in the death sentence execution council.

2. Within 3 working days after receiving the written appointment of representatives to participate in the death sentence execution council as prescribed in Clause 1 hereof, the chief judge of the court which issued the judgment execution decision shall issue a decision to form a death sentence execution council. A decision to form a death sentence execution council must clearly indicate the date of issuance, full name and position of the decision maker; ground for issuing the decision; and full names and positions of council members.

3. The death sentence execution council shall be composed of:

a) The council president who is the chief judge or deputy chief judge of the court which issued the judgment execution decision;

b) The chief procurator or deputy chief procurator of the same-level procuracy;

c) The head or deputy head of the same-level criminal enforcement agency.

4. A secretary who is an official or public employee of the court appointed by the competent chief judge to assist the death sentence execution council.

Article 79. Tasks and powers of a death sentence execution council

1. A death sentence execution council has the following tasks and powers:

a) Decide the plan and make necessary preparations for ensuring the execution;

b) Examine eligibility requirements for the person to be executed as required by the Penal Code and the Criminal Procedure Code; issue a decision to postpone the execution and report it to the chief judge of the court having issued the execution decision, if the sentenced person is ineligible for execution;

c) Request related agencies and organizations to provide information and documents necessary for the execution; to request the people's armed forces unit, agencies and organizations to assist in assuring safety for the execution when necessary;

d) Administer the execution according to plan;

dd) Notify the execution result to the criminal judgment execution management agency;

e) Dissolve after fulfilling its tasks.

2. The president of the death sentence execution council shall hold a meeting to announce decisions related to the execution, decide the lime of execution; contents to be kept secret; conditions to ensure the implementation of the execution plan; and the burial location in case receipt of the corpse is disallowed or there is no petition for receipt of the corpse. The meeting must be recorded in a report to be included in the death sentence execution dossier.

Article 80. Death sentence execution dossier

1. A death sentence execution dossier shall consist of:

a) A legally effective first-instance judgment; an appellate judgment if the first-instance judgment is appealed;

b) A decision on cassation trial or reopening trial (if any);

c) A decision on non-appeal of the Chief Justice of the Supreme People’s Court and a decision on non-appeal of the Chief Procurator of the Supreme People’s Procuracy;

d) A copy of the decision on refutation of mercy petition for commutation of death sentence of the State President (if any);

dd) A decision to execute the death sentence;

e) A decision to form a death sentence execution council;

g) A meeting minutes of the death sentence execution council;

h) A plan for execution of the death sentence;

i) A personal identification statement, fingerprint sheet, inspection report of identity of the person sentenced to death;

k) An inspection report verifying that the person sentenced to death does not fall under the case prescribed in Clause 3 Article 40 of the Criminal Code;

l) Documents relevant to the stay of execution of the death sentence (if any);

m) A report on autopsy of the executed inmate;

n) 1 photo of the executed inmate;

o) A report on execution of the death sentence;

p) A report on result of execution of the death sentence;

q) Other relevant documents.

2. Death sentence execution dossiers shall be prepared and maintained by criminal judgment execution agencies of provincial-level police departments or military zones in accordance with regulations on maintenance of dossiers as prescribed in the Minister of Public Security and the Minister of National Defense.

Article 81. Stay of execution of the death sentence

1. A death sentence execution council may decide to stay execution of the death sentence in the following cases:

a) The sentenced person falls into a case specified in Clause 3 Article 40 of the Penal Code;

b) There is a force majeure event or objective hindrance;

c) Immediately before the execution, the sentenced person reports new circumstances of the crime.

2. When deciding to stay execution of the death sentence, the council must make a report clearly indicating the hour, date and place of execution; full names and positions of the council members; and reason for the stay of execution. The minutes must be signed by all council members and included in the death sentence execution dossier and reported to the chief judge of the court which has issued the execution decision, the chairman of the provincial-level or military zone-level procuracy and the provincial-level or military zone-level criminal judgment execution agency.

3. The criminal execution and judicial assistance police or judicial guard shall escort and deliver the person whose execution is stayed to the detention center for continued incarceration. The delivery and receipt of the person whose execution is stayed shall be recorded in a minutes.

4. If the sentenced person falls into a case under Point a, Clause 1 of this Article, the councils for execution of the death sentence shall stay execution of the sentence and report the chief judge of the court which issued the judgment execution decision to report the Chief Justice of the Supreme People’s Court for consideration.

For cases of stayed execution under Points b and c Clause 1 of this Article, when the reason for stay no longer exists, the chief judge of the court which has issued the execution decision shall request the death sentence execution council to proceed with the execution. In case of change of a council member, the chief judge of the court which has issued the execution decision shall decide the addition of the council member or form a death sentence execution council under Article 78 of this Law.

Article 82. Form and sequence of execution of the death sentence

1. The death sentence shall be executed by lethal injection. The process of lethal injection shall be stipulated by the Government.

2. Prior to execution, the death sentence execution council shall examine the personal identification statement, fingerprint sheet and personal history records of the person to be executed; in case the person to be executed is a female, the council shall examine all documents related to conditions for non-execution as prescribed by the Penal Code.

3. Prior to being taken out for execution, the sentenced person shall be given food and drink, be entitled to write letters and have his/her messages recorded for sending to his/her relatives.

4. The death sentence shall be executed in the following order:

a) Pursuant to the death sentence execution decision and request of the president of the death sentence execution council, the criminal execution and judicial assistance police or judicial guard shall escort the person to be executed to the working place of the death sentence execution council;

b) At the request of the death sentence execution council, a professional officer of the people's police or army shall press the fingerprints, check the personal identification statement and fingerprint sheet and compare them with related dossiers and documents; take photo and record video of the process of carrying out the procedures of taking the fingerprints, checking and making a minutes; and report checking results to the death sentence execution council;

c) The president of the death sentence execution council shall announce the death sentence execution decision, the non-appeal decision of the Chief Justice of the Supreme People's Court and the non-appeal decision of the Chief Procurator of the Supreme People's Procuracy, the decision of the Council of Judges of the Supreme People's Court rejecting the appeal of the Chief Justice of the People's Supreme Court or the Chief Procurator of the Supreme People's Procuracy, the decision of the State President rejecting the petition for death sentence commutation.

Immediately after the president of the death sentence execution council announces the decisions, the criminal execution and judicial assistance police or judicial guard shall hand over these decisions to the person to be executed for reading. If such person does not know Vietnamese or cannot read these decisions, the death sentence execution council shall appoint a person to read or translate these decisions to such person. The process of announcing and reading the decisions shall be photographed, recorded in video or audio and included in the death sentence execution dossier;

d) By the order of the president of the death sentence execution council, professional officers of the provincial-level or military zone-level criminal judgment execution agency shall execute the sentence and report the result to the council president;

dd) By the order of the president of the death sentence execution council, a forensic doctor shall determine the condition of the executed person and report the result to the council;

e) The death sentence execution council shall make a report of the execution; report on the process and result of the execution to the Supreme People's Court, the Supreme People's Procuracy, and the criminal judgment management agency. The provincial-level or military zone-level criminal judgment execution agency shall register the death at the commune-level People's Committee of the place in which the execution is carried out;

g) The criminal judgment execution agency of the provincial-level police department or military zone shall preserve the corpse of the executed person, hold burial and draw a map of the grave. The commune-level People's Committee of the place in which the execution was carried out shall cooperate with the criminal judgment execution agency of the provincial-level police department or military zone in the burial and management of the grave of the executed person;

h) Within 3 days after the execution is carried out, the criminal judgment execution agency of the provincial-level police department or military zone shall inform relatives of the executed person of his/her death, except for the case specified in Clause 1, Article 83 of this Law.

Article 83. Settlement of petitions for receiving corpses, ashes and mortal remains of executed persons

1. Within 3 working days from the date of decision to execute the death sentence, the chief judge of the court which issued the judgment execution decision shall notify relatives or representatives of the executed person in writing for them to make a petition for receipt of corpse of the executed person. Within 3 working days after receiving such notice, the request for receipt of corpse of the executed person shall be submitted the chief judge of the court which issued the notice. The petition for receipt of corpse of the executed person shall specify full name and address of the recipient of the corpse; relationship with the executed person; commitment to ensure security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese.

2. Within 3 working days after receiving the petition for receipt of corpse of the executed person, the chief judge of the court which issued the judgment execution decision shall notify in writing whether to permit or reject the petition. The petition is rejected, the chief judge must provide explanation in writing.

3. Three working days before executing the death sentence, the chief judge of the court which issued judgment execution decision shall send a written notice to the criminal judgment execution agency of provincial-level police department or of military zone to give the corpse of the executed person for burial or hold a burial for the executed person.

4. If the chief judge of the court which issued the decision to form the death sentence execution council permits the petition, but the death sentence execution council considers that, during the execution process, there is a ground to believe that receipt of the corpse would affect security and order, it may reject the petition and notify the relatives of such rejection and assign the criminal judgment execution agency of provincial-level police department or of military zone shall hold a burial and report the chief judge of the court.

5. The criminal judgment execution agency of provincial-level police department or of military zone shall notify the petitioner as soon as practicable after the execution of receiving the corpse for burial. The delivery and receipt of the corpse shall be carried out within 24 hours after the notification by the criminal judgment execution agency of provincial-level police department or of military zone. The delivery and receipt of the corpse shall be recorded in a minutes signed by the delivering and receiving persons. After this time limit, if the petitioner fails to receive the corpse, the criminal judgment execution agency of the provincial-level police department or military zone shall hold a burial for such executed person.

6. If relatives or representatives of the executed person wish to receive ashes of the executed person and pay all the costs of incineration, the criminal judgment execution agency of provincial-level police department or of military zone shall deliver the corpse and facilitate the delivery of the corpse to the incineration place.

7. In a case where the criminal judgment execution agency of provincial-level police department or of military zone hold a burial for the executed person, 3 years after the date of execution, relatives or lawful representative of the executed person may send a petition to the criminal judgment execution agency of provincial-level police department or of military zone for receiving the executed person’s mortal remains. Such petition must clearly indicate the full name and address of the person to receive the remains, relationship with the executed person; and commitments to meet security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese. Within 7 days after receiving the petition the criminal judgment execution agency of the provincial-level police department or military zone shall consider and settle it.