Chapter XIV
SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION
Section 1. COMPLAINTS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 176. Right to lodge complaints in criminal judgment execution
1. Criminally sentenced persons and sentenced corporate legal entities, and other related agencies, organizations and individuals (hereinafter referred to as complainants) may lodge complaints about decisions or acts of agencies and persons competent to execute criminal judgments if they have grounds to believe that these decisions or acts are unlawful and infringe upon their lawful rights and interests. The complaint of a sentenced corporate legal entity shall be lodged by the legal representative of the corporate legal entity.
2. The prescriptive period for lodging first-lime complaint is 30 days after receiving or becoming aware of a decision or an act of criminal judgment execution which the complainant considers unlawful. For subsequent complaints, the applicable prescriptive period is 15 days after receiving a complaint settlement decision of a competent person.
In case a person is unable to lodge his/her complaint within the prescriptive period due to force majeure events or objective hindrance, the period during which such impediment exists shall be excluded from the prescriptive period for lodging complaint.
Article 177. Cases in which a complaint about criminal judgment execution is not accepted for settlement
1. The complained decision or act is not directly related to the lawful rights and interests of the complainant.
2. The complainant has neither full legal capacity nor a lawful representative, unless otherwise provided by law.
3. The representative has no proof of his/her lawful representation.
4. The prescriptive period for lodging a complaint has expired.
5. The complaint has been already settled under a legally effective decision.
Article 178. Competence to settle complaints in criminal judgment execution
1. Chairpersons of commune-level People's Committees shall settle complaints about unlawful decisions or acts of agencies, organizations and individuals assigned to supervise and educate persons serving criminal sentences in their communes, wards or townships.
2. Heads of criminal judgment execution agencies of district-level police offices shall settle complaints about:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of district-level police office, except the case specified in Clause 8 of this Article;
b) Unlawful decisions or acts of chairpersons of commune-level People's Committees, the People’s Committees of communes which are assigned by the courts to supervise and educate sentenced persons;
c) Complaint settlement decisions of chairpersons of commune-level People's Committees assigned to supervise and educate sentenced persons.
3. District-level police chiefs shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of district-level police offices;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of district-level police offices.
4. Heads of criminal judgment execution agencies of provincial-level police departments shall settle complaints about:
a) Unlawful decisions or acts of deputy heads, officers, non-commissioned officers and soldiers under management of the criminal judgment execution agency of provincial-level police department, except the case specified in Clause 8 of this Article;
b) Unlawful decisions or acts of competent agencies and individuals in criminal judgment execution against corporate legal entities.
5. Directors of provincial-level police departments shall settle complaints about:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of provincial-level police departments;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of provincial-level police departments and district-level police chiefs.
6. The head of the criminal judgment execution management agency of the Ministry of Public Security shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers and soldiers under his/her agency's management, except the case specified in Clause 8 of this Article.
7. The Minister of Public Security shall settle complaints about the following decisions and acts, except the case specified in Clause 8 of this Article:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of Public Security;
b) Complaint settlement decisions of directors of provincial-level police departments and the head of the criminal judgment execution management agency of the Ministry of Public Security.
8. Chief procurators of provincial-level, military zone-level and district-level procuracies shall settle complaints about unlawful decisions or acts of persons assigned to supervise and educate inmates in performing their assigned tasks.
The chief procurator of provincial-level procuracy shall settle complaints against complaint settlement decisions of the chief procurators of district-level procuracies. The chief procurator of the Supreme People’s Procuracy, the chief procurator of the Central Military Procuracy shall settle complaints against complaint settlement decisions of the chief procurators of provincial-level people’s procuracy and military-zone military procuracy. Complaint settlement decisions of chief procurator of higher-level procuracies are legally effective for execution.
Article 179. Competence to settle complaints about criminal judgment execution in the People's Army
1. Heads of criminal judgment execution agencies of military zones shall settle complaints about unlawful decisions or acts of officers, professional servicemen, noncommissioned officers and soldiers of military units and criminal judgment execution agencies of military zones in criminal judgment execution, except the case specified in Clause 8, Article 178 of this Law.
2. Military zone commanders and holders of equivalent ranks shall settle complaints about the following decisions and acts, except for Clause 8 Article 178 of this Law:
a) Unlawful decisions or acts of heads of criminal judgment execution agencies of military zones;
b) Complaint settlement decisions of heads of criminal judgment execution agencies of military zones.
3. The head of the criminal judgment execution management agency of the Ministry of National Defense shall settle complaints about unlawful decisions or acts of officers, noncommissioned officers, professional servicemen and soldiers under management of the criminal judgment execution management agency of the Ministry of National Defense, except the case specified in Clause 8 Article 178 of this Law.
4. The Minister of National Defense shall settle complaints about the following decisions and acts, except for the case prescribed in Clause 8 Article 178 of this Law:
a) Unlawful decisions or acts of the head of the criminal judgment execution management agency of the Ministry of National Defense;
b) Unlawful decisions or acts of military zone commanders and holders of equivalent ranks;
c) Complaint settlement decisions of the head of the criminal judgment execution management agency of the Ministry of National Defense, military-zone commanders and holders of equivalent ranks.
Article 180. Rights and obligations of complainants in criminal judgment execution
1. A complainant has the following rights:
a) Lodge his/her complaint or authorize his/her lawful representative to do so in any stage of the criminal judgment execution process;
b) Withdraw complaints in any stage of the criminal judgment execution process;
c) Receive written replies on complaint settlement and receive complaint settlement decisions;
d) Have his/her infringed lawful rights and interests restored and receive compensations for damage in accordance with law.
2. A complainant has the following obligations:
a) Truthfully report on the case and provide information and documents to the complaint-settling person; to take responsibility before law for reported contents and provided information and documents;
b) Abide by legally effective complaint settlement decisions.
Article 181. Rights and obligations of complainees in criminal judgment execution
1. A complainee has the following rights:
a) Notify the complaint details;
b) Furnish proof of the lawfulness of his/her complained criminal judgment execution decision or act;
c) Receive a document on the settlement of the complaint.
2. A complainee has the following obligations:
a) Explain his/her complained criminal judgment execution decision or act, and provide relevant information and documents at the request of competent agencies, organizations and individuals;
b) Abide by legally effective complaint settlement decisions;
c) Reimburse and relieve the consequences caused by the illegal decisions or acts as per the law.
Article 182. Tasks and powers of persons competent to settle complaints in criminal judgment execution
1. Receive and settle complaints about criminal judgment execution decisions or acts.
2. Request complainants and complainees to give explanations and provide information and documents relevant to the complaints.
3. Notify in writing the acceptance of complaints for settlement and send settlement decisions to complainants.
4. Take legal liability for their settlement of complaints.
Article 183. Time limit for settlement of complaints in criminal judgment execution
1. The time limit for settlement of a first-time complaint is 15 days after this complaint is accepted for settlement.
2. The time limit for settlement of a second-lime complaint is 30 days after this complaint is accepted for settlement.
3. The time limit for settlement of a complaint prescribed in Clause 1 and Clause 2 of this Article may be prolonged when necessary in complicated cases for not exceeding 30 days after the expiration of the prescribed time limit.
Article 184. Receipt and acceptance for settlement of complaints in criminal judgment execution
1. Competent agencies and persons shall receive all complaints in criminal judgment execution. Within 24 hours after receiving complaints lodged by inmates as specified in Clause 8, Article 178 of this Law, superintendents of prisons or detention centers and heads of criminal judgment execution agencies of district-level police offices shall promptly forward these complaints to competent procuracies.
2. Within 3 working days after receiving complaints, competent agencies and persons defined in Clause 1 of this Article, Articles 178 and 179 of this Law shall accept them for settlement and notify in writing complainants of the acceptance. In case of refusal to accept a complaint for settlement, they shall reply in writing clearly stating the reason.
Article 185. Dossiers for settlement of complaints in criminal judgment execution
1. A complaint settlement dossier comprises:
a) Written complaint or written record of complaint details;
b) Written explanation of the complainee;
c) Written record of appraisal, verification and conclusion;
d) Complaint settlement decision;
dd) Other relevant documents.
2. Complaint settlement dossiers shall be numbered and preserved at complaint-settling agencies.
Article 186. Procedures for settlement of first-time complaints in criminal judgment execution
1. After accepting a complaint for settlement, a person competent to settle complaints defined in Articles 178 and 179 of this Law shall verify it by requesting the complainant and the complainee to give explanations and provide information and documents relevant to the complaint and meeting concerned agencies, organizations and individuals to clarify complaint details, and issue a first-time complaint settlement decision.
2. Should, within the prescriptive period prescribed in this Law, the complainant make no further complaint, the first-time complaint settlement decision will become legally effective for execution.
Article 187. Contents of first-time complaint settlement decisions in criminal judgment execution
1. Date of issuance.
2. Full names and addresses of the complainant and complainee.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion that the complaint is totally right, partially right or totally wrong.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act.
8. Compensation for damage and remedy of consequences caused by the unlawful decision or act (if any).
9. Guidance on the right of the complainant to lodge further complaints.
Article 188. Procedures for settlement of second-time complaints in criminal judgment execution
1. In case of further lodging a complaint, a complainant shall send a written complaint enclosed with a copy of the first-time complaint settlement decision and relevant documents to a person competent to settle second-time complaints.
2. In the course of second-time complaint settlement, a person competent to settle complaints defined in Articles 178 and 179 of this Law may request the person who has settled the first-time complaint and concerned agencies, organizations and individuals to provide information and documents related to complaint details; summon the complainee and the complainant when necessary; and shall conduct verification and take other measures specified by law to settle the complaint. Upon receiving a request, agencies, organizations and individuals shall comply with such request.
3. Second-time complaint settlement decisions are legally effective for execution.
Article 189. Contents of a second-time complaint settlement decision in criminal judgment decisions
1. Date of issuance.
2. Full names and addresses of the complainant and complainee.
3. Complaint details.
4. Results of verification of complaint details.
5. Legal grounds for the settlement of the complaint.
6. Conclusion on complaint details and the settlement by the person competent to settle the first-time complaint.
7. Upholding, modification, cancellation or request for partial modification or cancellation of the complained decision or forced termination of the execution of the complained decision or complained act; compensation for damage and remedy of consequences caused by the unlawful decision or act.
Section 2. DENUNCIATIONS IN CRIMINAL JUDGMENT EXECUTION AND SETTLEMENT THEREOF
Article 190. Persons with the right to lodge denunciations in criminal judgment execution
Sentenced persons and all citizens may lodge with competent agencies and persons denunciations about illegal acts of any competent persons in criminal judgment execution which cause or threaten to cause damage to the interests of the State and the lawful rights and interests of agencies, organizations or individuals.
Article 191. Rights and obligations of denouncers and denouncees in criminal judgment execution
Rights and obligations of denouncers and denouncees in criminal judgment execution are stipulated in the Law on Denunciation.
Article 192. Competence and time limit for denunciation settlement
1. The competence to settle denunciations is as follows:
a) Denunciations about illegal acts in criminal judgment execution shall be settled by heads of agencies or organizations which manage denouncees;
b) Presidents of commune-level People's Committees shall settle denunciations about illegal acts of commune-level police chiefs;
c) District-level police chiefs shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of district-level police offices;
d) Presidents of district-level People's Committees shall settle denunciations about illegal acts of presidents of commune-level People's Committees;
dd) Directors of provincial-level police departments shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of provincial-level police departments;
e) Military zone commanders and holders of equivalent ranks shall settle denunciations about illegal acts of heads of criminal judgment execution agencies of military zones;
g) The Minister of Public Security and the Minister of National Defense shall settle denunciations about illegal acts of heads of criminal judgment execution management agencies.
h) Directors of competent procuracies shall settle denunciations about illegal acts of persons assigned to manage and educate inmates.
2. The time limit for settlement of a denunciation is 30 days after the date of its acceptance; regarding complicated cases, this time limit may be extended once but not exceeding 30 days; regarding extremely complicated cases, this time limit may be extended twice but not exceeding 30 days each.
3. Denunciations about illegal acts showing signs of crime shall be settled under the Criminal Procedure Code.
Article 193. Responsibilities of persons competent to settle denunciations
1. Competent agencies and persons shall, within the ambit of their tasks and powers, receive and settle denunciations in a prompt and lawful manner; strictly handle violators; take necessary measures to prevent damage; and assure that their settlement decisions are strictly executed and take legal responsibility for their decisions.
2. Persons competent to settle denunciations who fail to settle denunciations or lack responsibility in settling denunciations or unlawfully settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability. If causing damage, they shall pay compensations under law.
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