Chương 5 Luật Tổ chức Viện Kiểm sát nhân dân 2002: Kiểm sát việc thi hành án

Chapter V

CONTROLLING THE JUDGMENT EXECUTION

Article 23.- The People’s Procuracies shall control the law observance by the People’s Courts, the judgment- executing agencies, the executioners, the concerned agencies, organizations, units and individuals in the execution of already effective judgments and decisions as well as judgments and decisions immediately executed according to law provisions in order to ensure that those judgments and decisions are executed lawfully, fully and promptly.

Article 24.- When controlling the judgment execution, the People’s Procuracies shall have the following tasks and powers:

1. To request the People’s Courts and the judgment-executing agencies of the same and subordinate levels, the executioners, the agencies, organizations, units and individuals involved in the judgment execution to:

a) Issue judgment-executing decisions in strict compliance with law;

b) Inspect by themselves the execution of already effective judgments and decisions as well as the immediately executed judgments and decisions according to law provisions and notify the inspection results to the People’s Procuracies;

c) Execute already effective judgments and decisions as well as immediately executed judgments and decisions according to law provisions;

d) Supply dossiers, documents and material evidences related to judgment execution;

2. To directly control the law observance in the judgment execution by judgment-executing bodies of the same and subordinate levels, the executioners, the concerned agencies, organizations, units and individuals as well as the settlement of appeals, complaints and denunciations against the judgment execution;

3. To participate in considering the reduction of penalty-serving duration, the remission of criminal records;

4. To propose the exemption of penalty services according to law provisions;

5. To protest to the People’s Courts and the judgment-executing bodies of the same and subordinate levels, the executioners, the agencies, organizations and units having responsibility in the judgment execution; to request the suspension of judgment execution, the amendment or cancellation of law-breaching decisions in the judgment execution, the termination of illegal acts in judgment execution; if signs of criminal offenses are found, the criminal institution shall apply, or civil cases shall be instituted if it is so provided for by law.

Article 25.- The People’s Courts, the judgment-executing agencies, the executioners, the agencies, organizations, units and individuals involved in judgment execution shall have to satisfy all the requests prescribed in Clause 1, Article 24 of this Law within thirty days as from the date of receiving such requests.

For the protests prescribed in Clause 5, Article 24 of this Law, the People’s Courts, the judgment-executing agencies, the executioners, the concerned agencies, organizations, units and individuals shall have to reply within fifteen days as from the date of receiving the protests.