Decree No. 04/SL of 1946 delegates authority to the Zone Protection Committee to carry out pardons, commutations, and releases of prisoners. The document details the scope of application, procedures for pardon applications, as well as conditions for granting pardons, commutations, or releases.
适用范围
All crimes sentenced by civilian courts, military courts, or field martial courts
要点
- The Zone Protection Committee is authorized to grant pardons, commutations, and releases of prisoners (Article 1).
- Criminals may submit pardon applications or their relatives may submit them on behalf of the criminals to the Judicial Director of the zone. The Judicial Director of the zone will consult with the Zone Protection Committee (Article 2).
- Criminals sentenced to death can only be pardoned, commuted after obtaining full agreement from the entire Committee and the Judicial Director. In some cases, a majority vote among committee members is required for granting a pardon (Article 3).
- Released individuals will receive a certificate issued by the Zone Protection Committee, not mentioning past sentences, in the style of a police card (Article 4).
🌐 本文件的社会影响
- Establish mechanisms to grant pardons, commutations, and releases of prisoners flexibly.
- Help improve prison management during wartime.
- Can reduce the number of incarcerated individuals, helping to save national budget funds.
❓ 常见问题
Who has the authority to grant pardons, commutations, or releases of prisoners?
The Zone Protection Committee is authorized to carry out this task.
Can criminals sentenced to death be granted a pardon?
Yes, but it must be agreed upon by the entire Committee and the Judicial Director (Article 3).
全文
DECREE-LAW
OF THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
NUMBER 4 DATED DECEMBER 28, 1946
THE CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to the current regulations on amnesty and commutation,
Pursuant to the current regulations on the organization of Vietnamese courts,
Upon the proposal of the Ministers of Interior, Justice, and National Defense,
Considering the present situation,
After deliberation by the Council of Ministers;
ISSUES THE DECREE-LAW:
Article 1
The Committee for Protecting Local Rights is hereby authorized to grant amnesty, commutation, or release to prisoners sentenced by ordinary courts, military courts, or martial law courts, except those sentenced by the martial law court at the front.
Article 2
Requests for amnesty, commutation, or release shall be submitted by the prisoner or their relatives to the Judicial Director of the region. The Judicial Director of the region will review and provide comments to the Committee for Protecting Local Rights. Even without a request from the Committee, it may exercise its authority after consulting with the Judicial Director.
Article 3
If a prisoner has been sentenced to death, amnesty or commutation can only be granted upon unanimous agreement of the Committee and the Judicial Director. Some cases require majority approval by members of the Committee for such actions.
Article 4
Persons released will receive a certificate from the Committee for Protecting Local Rights. However, this document does not include previous sentences and will be issued in the form of a police card.
Article 5
The Ministers of Justice, Interior, and National Defense shall implement this Decree-Law accordingly./.
Ho Chi Minh
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(Signed) (Signed)
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