Joint Circular No. 08/2012/TTLT-BCA-BQP-TANDTC-VKSNDTC guiding the reduction of probationary periods for suspended sentences

JOINT CIRCULAR

Guidelines on Shortening the Probation Period of Suspended Sentences

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To implement correctly and uniformly the provisions of the law regarding shortening the probation period of suspended sentences, the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy issue these Joint Circulars to guide on shortening the probation period of suspended sentences.

Article 1. Scope of Regulation

These Joint Circulars provide guidance on conditions, procedures, formalities, authority to propose and decide on shortening the probation period of suspended sentences.

Article 2. Applicability

These Joint Circulars apply to individuals who benefit from suspended sentences; relevant agencies, units, organizations, and individuals involved in the enforcement of suspended sentences.

Article 3. Principles for Shortening the Probation Period of Suspended Sentences

1. Compliance with legal regulations.

2. Ensuring socialist leniency and humanitarian policies.

3. Safeguarding the rights and legitimate interests of individuals benefiting from suspended sentences.

4. Encouraging individuals benefiting from suspended sentences to voluntarily strive, actively study, work, strictly comply with court judgments and decisions on enforcement of sentences, and fulfill their obligations as individuals benefiting from suspended sentences.

Article 4. Conditions and Levels for Shortening the Probation Period of Suspended Sentences

1. Individuals benefiting from suspended sentences may be decided by the People's Court at district level or Military Region Court to shorten the probation period of suspended sentences when they meet all of the following conditions:

a) They have completed half of the probation period of the suspended sentence;

b) They show significant progress, demonstrated by strict compliance with their obligations as individuals benefiting from suspended sentences during the probation period; adherence to state policies and laws, internal regulations and rules at their workplace; active participation in labor and studies, correction of mistakes, and full fulfillment of supplementary penalties and other obligations as decided by the judgment;

c) They are proposed in writing by the People's Committee at commune level or military unit assigned to supervise and educate individuals benefiting from suspended sentences to shorten the probation period.

2. An individual benefiting from a one-year suspended sentence can only have their probation period shortened once, from one month to one year. Individuals benefiting from suspended sentences may have their probation periods shortened multiple times, but must ensure that the actual probation period served is three-quarters of the probation period declared by the Court.

3. In cases where an individual benefiting from a suspended sentence has been proposed by an authorized agency to shorten the probation period, but the Court does not accept it, if they subsequently make new progress, the People's Committee at commune level or military unit assigned to supervise and educate individuals benefiting from suspended sentences may continue to propose shortening the probation period for them.

4. In cases where an individual benefiting from a suspended sentence performs meritorious acts or suffers from serious illnesses and meets the conditions specified in Clause 1 of this Article, the Court may decide to shorten the remaining probation period entirely.

Seriously ill person refers to situations where an individual benefiting from a suspended sentence takes actions to assist competent state authorities in discovering, apprehending, investigating crimes; rescues others in life-threatening situations or saves state, collective, or citizen property in natural disasters, fires, epidemics, accidents; has valuable initiatives recognized by competent state authorities or outstanding achievements in labor, study, combat, or work, recognized or awarded by competent state authorities.

Suffering from serious illness refers to cases where provincial hospitals, military hospitals at military region level or higher conclude that the individual benefiting from a suspended sentence is suffering from a life-threatening illness that is difficult to treat, such as terminal cancer, cirrhosis with ascites, severe tuberculosis resistant to treatment, polio, heart failure stage 3, chronic kidney disease stage 4 or above; AIDS stage of HIV with opportunistic infections unable to care for themselves and at high risk of death.

Article 5. Procedures, formalities, and authority for requesting reduction of probationary period in suspended sentence

1. When the person benefiting from a suspended sentence meets the conditions stipulated in Article 4 of this Circular, the Head of the Police Station at the commune level shall be responsible for assisting the People's Committee at the commune level to organize a meeting to establish a file and request the criminal enforcement agency of the police at the district level where the person serving the suspended sentence resides to consider reducing the probationary period for the person benefiting from the suspended sentence; the head of the military unit entrusted with supervising and educating the person benefiting from the suspended sentence shall organize a meeting to establish a file and request the criminal enforcement agency of the Military Zone where the person benefiting from the suspended sentence works to consider reducing the probationary period for the person benefiting from the suspended sentence.

2. The meeting to examine and propose consideration of reducing the probationary period for the person benefiting from the suspended sentence organized by the People's Committee at the commune level shall be chaired by the Chairman or Vice-Chairman of the People's Committee at the commune level, with participants including representatives of the leadership of the Police Station, the United Front, the Justice Office at the commune level, and the person directly assigned to supervise and educate the person benefiting from the suspended sentence. The meeting to examine and propose consideration of reducing the probationary period for the person benefiting from the suspended sentence organized by the military unit shall be chaired by the Head or Deputy Head of the military unit, with participants including representatives of organizations within the military unit and the person directly assigned to supervise and educate the person benefiting from the suspended sentence.

3. The file proposing consideration of reducing the probationary period for the People's Committee at the commune level and the military unit includes:

a) A copy of the judgment. In cases where the probationary period is being considered for reduction from the second time onwards, the copy of the judgment shall be replaced by a copy of the decision on execution of the suspended sentence;

b) A document proposing consideration of reducing the probationary period for the People's Committee at the commune level and the military unit entrusted with supervising and educating the person benefiting from the suspended sentence (which must clearly state the name, date of birth, place of residence of the person benefiting from the suspended sentence; the offense, term of imprisonment for suspended sentence, probationary period; number of criminal judgment, number of decision on execution of the suspended sentence; probationary period already served, remaining probationary period; summary of the criminal process of the person benefiting from the suspended sentence, family relationships (father, mother, spouse, children), assessment of the People's Committee at the commune level or the military unit regarding the fulfillment of obligations by the person benefiting from the suspended sentence; proposal for the extent of reduction of the probationary period);

c) Decision on award or confirmation letter from the competent authority regarding the person benefiting from the suspended sentence performing meritorious deeds (if the person benefiting from the suspended sentence has been awarded or performed meritorious deeds);

d) Conclusion of a provincial hospital, a Military Zone-level hospital or higher regarding the health condition (if the person benefiting from the suspended sentence suffers from a serious illness);

đ) Application for reduction of the probationary period from the person benefiting from the suspended sentence (if they have made such an application);

e) Copy of the decision on reduction of the probationary period of the suspended sentence (if the probationary period of the suspended sentence has already been reduced).

4. Within five working days from the date of receipt of the file proposing consideration of reducing the probationary period for the People's Committee at the commune level and the military unit, the criminal enforcement agency of the police at the district level and the criminal enforcement agency of the Military Zone must establish a file proposing reduction of the probationary period of the suspended sentence according to Clause 1 of Article 66 of the Criminal Enforcement Law, a document proposing reduction of the probationary period of the criminal enforcement agency, and transfer the file and the document proposing reduction to the Court at the district level where the person benefiting from the suspended sentence resides, the Military Court in the region where the person benefiting from the suspended sentence works for examination and decision. At the same time, send copies of the file to the same-level Prosecution Office to implement supervision over compliance with the law in the reduction of the probationary period of the suspended sentence.

The document proposing reduction of the probationary period of the criminal enforcement agency of the police at the district level and the criminal enforcement agency of the Military Zone contains the following content: Basis for proposing reduction of the probationary period for the person benefiting from the suspended sentence; name, date of birth, place of residence of the person benefiting from the suspended sentence; offense, term of imprisonment for suspended sentence, probationary period; number of criminal judgment, number of decision on execution of the suspended sentence; probationary period already served, remaining probationary period; summary of the criminal process of the person benefiting from the suspended sentence, family relationships (father, mother, spouse, children), assessment of the criminal enforcement agency regarding the fulfillment of obligations by the person benefiting from the suspended sentence; proposal for the extent of reduction of the probationary period.

Article 6. Procedures, formalities, and authority for reviewing and deciding to shorten probation period

1. Within three working days from the date of receiving the file requesting to shorten the probation period of suspended sentence, the President of the People's Court at district level where the person serving the suspended sentence resides, and the President of the Military Court in the region where the person serving the suspended sentence works must establish a Review Board to review the shortening of the probation period of the suspended sentence and assign a Judge to study the file requesting to shorten the probation period of the suspended sentence. Within five working days from the date of accepting the file, the assigned Judge must set the date for convening the hearing to review the shortening of the probation period of the suspended sentence and notify in writing the same-level Prosecution Office to dispatch a Prosecutor to attend the hearing. The time limit for convening the hearing shall not exceed fifteen days from the date the Court receives the file requesting to shorten the probation period of the suspended sentence.

In cases where additional materials are required or the materials are unclear, the Judge requests the criminal enforcement agency to supplement or clarify the materials. In this case, the time limit for convening the hearing is calculated from the date the Court receives the supplementary materials or written opinions on issues that need further clarification.

2. The Review Board to review the shortening of the probation period of the suspended sentence consists of three Judges or two Judges and one Lay Judge (for district courts and military courts in regions without three Judges).

3. The Board may convene the hearing at the premises of the Court or at the premises of the criminal enforcement agency that established the file requesting.

4. The procedures and formalities for reviewing the shortening of the probation period of the suspended sentence are conducted as follows:

a) A member of the Board presents the file requesting to shorten the probation period;

b) The representative of the Prosecution Office makes a statement of opinion;

c) The Board discusses and decides.

5. Based on the file and the opinion of the representative of the Prosecution Office, the Review Board to review the shortening of the probation period of the suspended sentence has the right:

a) To accept the entire request to shorten the probation period of the suspended sentence. In cases where the remaining probation period does not exceed one month upon acceptance of the entire request to shorten the probation period of the suspended sentence, the Board may decide to shorten the entire remaining probation period;

b) To accept part of the request to shorten the probation period of the suspended sentence;

c) Not to accept the request to shorten the probation period of the suspended sentence.

6. The Board issues a decision on shortening the probation period of the suspended sentence with the following contents:

a) Date of issuance of the decision;

b) Name of the Court issuing the decision;

c) The composition of the Review Board to review the shortening of the probation period of the suspended sentence;

d) Name, place of residence or workplace of the person enjoying the suspended sentence who is requested to have their probation period shortened;

đ) The Court's assessment and grounds for accepting the entire request, accepting part of the request, or not accepting the request to shorten the probation period of the suspended sentence;

e) The Court's decision on accepting the entire request, accepting part of the request, or not accepting the shortening of the probation period of the suspended sentence. In cases where the Court decides not to accept, the reasons must be clearly stated.

7. The delivery of the decision to shorten the probation period of the suspended sentence is carried out according to the provisions of Clause 3, Article 66 of the Criminal Execution Law.

8. The decision of the Court on shortening the probation period of the suspended sentence can be appealed by the same-level Prosecution Office or the superior Prosecution Office directly through appellate proceedings. The appeal deadline of the same-level Prosecution Office is seven days, and of the superior Prosecution Office is fifteen days, from the date the Court issues the decision.

The appellate review of the Court's decision on shortening the probation period of the suspended sentence is implemented according to the provisions of Article 253 of the Criminal Procedure Code.

9. The decision of the Court on shortening the probation period of the suspended sentence takes effect from the date the appeal period for appellate proceedings expires.

Article 7. The model documents attached to this Circular

The following model documents are attached to this Joint Circular:

1. Request for considering reduction of probation period of suspended sentence by People's Committee of commune level or military unit.

2. Request for reduction of probation period of suspended sentence by criminal enforcement agency under public security organ at district level or criminal enforcement agency at military region level.

3. Decision on reduction of probation period of suspended sentence.

4. Decision on non-acceptance of reduction of probation period of suspended sentence.

Article 8. Effective Date

This Joint Circular takes effect from October 1, 2012. Any guiding documents previously issued by the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy that conflict with this Joint Circular shall be abolished.

Article 9. Responsibility for implementation

Criminal enforcement agencies at all levels under the Ministry of Public Security and the Ministry of National Defense; courts and procuracies at all levels, and agencies assigned certain tasks in criminal enforcement have the responsibility to organize the implementation of this Joint Circular. In the process of implementing this Joint Circular, if there are any difficulties, they should report to the Ministry of Public Security, the Ministry of National Defense, the Supreme People's Court, and the Supreme People's Procuracy for timely guidance./.