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THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 02/2010/NQ-HDTP
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Hanoi, October 22, 2010
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RESOLUTION
SUPPLEMENTING SOME GUIDANCE PROVIDED IN RESOLUTION
NO. 01/ 2007/NQ-HDTP OF OCTOBER 2, 2007, AND RESOLUTION NO. 02/2007/NQ-HDTP OF
OCTOBER 2, 2007, OF THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
THE JUDGES' COUNCIL OF THE SUPREME
PEOPLE'S COURT
Pursuant to the Law on Organization of People's Courts;
In order to properly and consistently apply the provisions of the Penal Code
and the Criminal Procedure Code;
After consulting the Chairman of the Supreme People's Procuracy and the
Minister of Justice,
RESOLVES:
Article 1.
To supplement Resolution No. 01/ 2007/NQ-HDTP of October 2, 2007, of the
Judges' Council of the Supreme People's Court, guiding the application of the
Penal Code's provisions on the statute of limitations for execution of
judgments, exemption from serving penalties and reduction of penalty terms
1. To supplement the guidance on the level of
reduction of imprisonment terms provided at Point b, Item 3.2, Section 3 of
Resolution No. 01/2007/NQ-HDTP of October 2, 2007, of the Judges' Council of
the Supreme People's Court, as follows:
b/ A person sentenced to prison for 30 years or less
may enjoy a reduction of between 3 months and 3 years for each time of
reduction. To be entitled to a 3-year reduction, he/she must have recorded a
particularly outstanding merit in labor or reformation and strictly observed
(he prison's internal rules and incarceration regulations.
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Example 1: Nguyen Van A was sentenced to 5 years in
prison. He has served the penalty for 4 years and 10 months and satisfies all
the conditions for enjoying a penalty term reduction under the guidance in Item
3.1, Section 3 of Resolution No. 01/2007/NQ-HDTP. In this case, A may be
entitled to a penalty term reduction equal to the remainder of his prison term
(2 months).
Example 2: Tran Van T was sentenced to 3 months in
prison. He has served one-third of the penalty (1 month) and satisfies all
other conditions for enjoying a imprisonment term reduction under the guidance
in Item 3.1, Section 3 of Resolution No. 01/2007/NQ-HDTP. In this case, T may
only be entitled to a reduction of up to 1 month and 15 days for the reason
that, under Clause 3, Article 58 of the Penal Code, he must serve half of the
pronounced penalty term (1 month and 15 days in prison).
2. To add Section la guiding the aggregation of the
life imprisonment or death penalty given to a defendant under another legally
effective judgment to Resolution No. 01/2007/NQ-HDTP of October 2, 2007, of the
Judges' Council of the Supreme People's Court, as follows:
In case a defendant is prosecuted for one or several
crimes under jurisdiction of a district-level people's court, which finds, upon
accepting the case for handling, that the defendant was already sentenced to
life imprisonment or death penalty under another judgment which has become
legally effective, this court shall report the case to the provincial-level
people's court for the latter to reach agreement with the provincial-level
people's procuracy on picking up the case file for provincial-level prosecution
and trial.
Article 2.
To supplement Resolution No. 02/ 2007/NQ-HDTP of October 2, 2007. of the
Judges' Council of the Supreme People's Court, guiding a number of provisions
of Part Five of the Criminal Procedure Code regarding Execution of Court
Judgments and Decisions
1. To supplement Section 10, Part IV of Resolution
No. 02/2007/NQ-HDTP of October 2, 2007, of the Judges' Council of the Supreme
People's Court, on decisions of the Council for Consideration of Exemption or
Reduction as follows:
10. After considering the case file and opinions of
the procuracy's representative, the Council for Consideration of Exemption or
Reduction may:
a/ Accept the whole request for exemption from
serving or reduction of the penalty term or shortening of the probation period
of the suspended sentence;
b/ Accept part of the request for exemption from
serving or reduction of the penalty term or shortening of the probation period
of the suspended sentence;
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d/ For a person whose penalty term is requested to be
reduced, if the remainder of his/ her penalty term after his/her request for
penalty term reduction is wholly accepted is 1 month or less, the Council for
Consideration of Exemption or Reduction may decide to give a reduction equal to
the whole remainder of the penalty term.
2. To supplement Section 13, Part IV of Resolution
No. 02/2007/NQ-HDTP of October 2, 2007, of the Judges' Council of the Supreme
People's Court, on the effect of decisions on exemption from serving or
reduction of penalty terms or shortening of probation periods of suspended
sentences, as follows:
13. A court decision on exemption from serving or
reduction of a penalty term or shortening of probation period of a suspended
sentence may be directly protested against by a procuracy at the same or
immediately higher level according to appellate procedures. The time limit for
a procuracy at the same or immediately higher level to make a protest against a
court judgment is 7 days or 15 days respectively after such decision is made. A
court decision on exemption from serving or reduction of a penalty term or
shortening of the probation period of a suspended sentence becomes effective
upon the expiration of the time limit for making a protest according to
appellate procedures. In case a person currently serving a prison term is
entitled to a term reduction equal to the remainder of his/her prison term, the
court decision on prison term reduction will be immediately executed even
though it may be protested against by a procuracy according to appellate
procedures.
3. To add Section 3a guiding the starting time of the
non-custodial reform duration to Part HI of Resolution No. 02/2007/NQ-HDTP of
October 2. 2(X)7, of the Judges' Council of the Supreme People's Court, as
follows:
The starting time of the non-custodial reform
duration is the time when the agency or organization assigned to supervise and
educate a sentenced person receives the judgment execution decision and a
judgment copy. The starting time of the non-custodial reform duration shall be
stated in the ruling section of the judgment.
For example: Nguyen Van A is sentenced to one year of
non-custodial reform for theft in accordance with Clause 1, Article 138 of the
Penal Code. In this case, the court ruling section must clearly indicate:
"...Nguyen Van A is sentenced to one year of non-custodial reform for the
crime of theft; the non-custodial reform duration starts from the date on which
the agency or organization assigned to supervise and educate the sentenced
person receives the judgment execution decision and a judgment copy."
Article 3.
Effect
1. This Resolution was adopted on September 23? 2010,
by the Judges' Council of the Supreme People's Court and takes effect 45 days
from the date of its signing.
2. In the course of implementation, any unclear
points or problems which need to be explained or additionally guided should be reported
to the Supreme People's Court for timely explanation or additional guidance.-
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ON BEHALF OF THE JUDGES' COUNCIL OF THE SUPREME
PEOPLE'S COURT
PRESIDENT
Truong Hoa Binh