Chương XII Luật Thi hành án hình sự 2019: Kiểm sát thi hành án hình sự

Chapter XII

OVERSIGHT OF EXECUTION OF CRIMINAL JUDGMENTS

Article 167. Tasks and powers of procuracies in overseeing criminal judgment execution

1. Request courts at the same level and lower levels to issue decisions to execute criminal judgments in accordance with law; 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.

2. Directly oversee the judgment execution by criminal judgment execution agencies at the same level and lower levels, agencies assigned to perform some tasks of criminal judgment execution; oversee criminal judgment execution dossiers of criminal judgment execution agencies at the same level and lower levels, and agencies assigned to perform some tasks of criminal judgment execution. Provincial-level people's procuracies and military procuracies of military zones shall directly oversee the execution of prison sentences by local prisons; oversee the judgment execution against corporate legal entities.

3. Decide the immediate release of a person currently serving prison sentence which is found ungrounded and illegal.

4. Request exemption from, postponement, suspension or termination of the serving of sentences; participate in the consideration of reduction of the term of or exemption from serving sentences, parole, cancellation of decision on parole, forced serving of the original suspended sentence, or shortening of the probation period.

5. Make appeals, proposals or requests regarding the execution of criminal judgments by courts, criminal judgment execution agencies at the same level and lower levels, agencies assigned to perform some tasks of criminal judgment execution, competent persons and related persons in criminal judgment execution; request termination of the execution, amendment or annulment of unlawful decisions in the criminal judgment execution; terminate illegal acts.

6. Receive and settle complaints and denunciations about management and education of persons subject to prison sentence; inspect the observance of law in the settlement of complaints and denunciations about criminal judgment execution.

7. Institute lawsuits or request investigative agencies to institute criminal lawsuits upon detecting signs of crime in the criminal judgment execution under law.

8. Perform other tasks and powers in oversight of criminal judgment execution.

Article 168. Oversight of the settlement of complaints and denunciations in criminal judgment execution

1. Procuracies shall directly oversee the settlement of complaints and denunciations by courts, criminal judgment execution management agencies, criminal judgment execution agencies, and agencies assigned to perform some tasks of criminal judgment execution.

2. In overseeing 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 assigned to perform some tasks of criminal judgment execution at the same level and lower levels:

a) Issue documents on settlement of complaints and denunciations under Chapter XIV of this Law;

b) Examine the settlement of complaints and denunciations falling within their competence and by their subordinates; notify settlement results to procuracies;

c) Supply dossiers and documents relevant to the settlement of complaints and denunciations to procuracies.

Article 169. Settlement of proposals, protests and requests, execution of procuracy decisions on criminal judgment execution

1. With regard to requests which require courts to issue decisions to execute criminal judgments and supply dossiers and documents related to criminal judgment execution, the courts must settle them immediately; with regard to requests which require courts, criminal judgment execution agencies, agencies assigned to perform some tasks of criminal judgment execution to self-examine their criminal judgment execution and notify examination results to the procuracy, the entities concerned must settle them within 30 days after receiving these requests.

2. With regard to a decision prescribed in Clause 3 Article 167 of this Law, the criminal judgment execution agency must abide by it immediately; if the agency concerned does not concur with that decision, it still has to abide by it but it has the right to make a claim with the immediate superior procuracy. Within 10 days after receiving such a claim, the chief procurator of immediate superior procuracy shall settle it.

3. With regard to an appeal against one of the decisions prescribed in Clause 4 Article 167 of this Law, it shall be settled in accordance with law on criminal proceedings.

4. With regard to an appeal prescribed in Clause 5 Article 167 of this Law, the court, criminal judgment execution agency, agency assigned to perform some tasks of criminal judgment execution shall respond in writing within 15 days after receiving the appeal; if not concurring with that appeal, the agency concerned has the right to make a claim with the immediate superior procuracy; the immediate superior procuracy shall settle it within 15 days after receiving the claim. The decision of the immediate superior procuracy must be executed.

5. With regard to a proposal prescribed in Clause 5 Article 167 of this Law, it must be considered and the recipient shall respond in writing within 30 days after receiving the proposal.