Chương 6 Luật Tổ chức Viện Kiểm sát nhân dân 2002: kiểm sát việc tạm giữ, tạm giam, quản lý và giáo dục người chấp hành án phạt tù

Chapter VI

CONTROLLING THE CUSTODY, DETENTION, MANAGEMENT AND EDUCATION OF IMPRISONMENT DEBTORS

Article 26.- The People’s Procuracies shall control the law observance by responsible agencies, units and people in the custody, detention, management and education of imprisonment debtors, aiming to ensure that:

1. The custody, detention, management and education of imprisonment debtors comply with the provisions of law;

2. The regime of custody, detention, management and education of imprisonment debtors is strictly observed;

3. The lives, property, honor and dignity of persons being held in custody, detention and imprisonment debtors as well as their other rights not stripped off by law are respected.

Article 27.- When controlling the custody, detention, management and education of imprisonment debtors, the People’s Procuracies shall have the following tasks and powers:

1. To directly conduct the regular and irregular control of remand houses, provisional detention camps and detention camps;

2 To check the dossiers, documents of agencies of the same and subordinate levels, which are responsible for the custody, detention, management and education of imprisonment debtors; to meet with persons being held in custody, detention and the imprisonment debtors and ask them about the detention and custody;

3. To receive and settle complaints and denunciations about the custody, detention, management and education of the imprisonment debtors;

4. To request agencies of the same and subordinate levels, which manage the remand houses and/or detention camps, manage and educate the imprisonment debtors to examine those places and notify the results thereof to the People’s Procuracies;

5. To request agencies of the same and subordinate levels and responsible people to notify the situation of custody, detention, management and education of imprisonment debtors; to reply questions about illegal decisions, measures or acts in the custody, detention, management and education of imprisonment debtors;

6. To protest to agencies of the same and subordinate levels and request them to stop executing, to amend or annul unlawful decisions in the custody, detention, management and education of imprisonment debtors, to put an end to law-breaking acts and handle the law violators.

Article 28.- In the course of controlling the custody, detention, management and education of imprisonment debtors, the People’s Procuracies shall have the responsibility to:

1. Detect and handle in time cases of injustice and errors in the custody, detention, management and education of imprisonment debtors; decide the release of persons who are being groundlessly and illegally held in custody, detained or serving imprisonment sentence;

2. When detecting signs of criminal offenses in the custody, detention, management and education of imprisonment debtors, institute the cases or request the investigating bodies to criminally institute the cases.

Article 29.- Agencies, units and persons having responsibility in the custody, detention, management and education of imprisonment debtors must transfer to the People’s Procuracies the complaints and/or denunciations of the persons being held in custody or detained, and/or imprisonment debtors within 24 hours after receiving such complaints and denunciations.

For the requests prescribed in Clauses 4 and 5 of Article 27 of this Law, the responsible agencies, units and persons shall have to reply them within thirty days as from the date of receiving the requests.

For the decisions prescribed in Clause 1, Article 28 of this Law, the responsible agencies, units and persons shall have to execute them immediately; if disagreeing with such decisions, they still have to execute them but have the right to complain with the immediate superior People’s Procuracy. Within ten days as from the date of receiving the complaints, the director of the immediate superior People’s Procuracy shall have to settle them.

For the protests prescribed in Clause 6, Article 27 of this Law, the concerned agencies and units shall have to reply them within fifteen days as from the date of receiving the protests; if disagreeing with such protests, the concerned agencies and units may complain with the immediate superior People’s Procuracy which must settle them within fifteen day as from the date of receiving the complaints. The decision of the immediate superior People’s Procuracy must be executed.

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