The Ordinance stipulates the procedures for requesting commutation of death sentences and reviewing death sentences, applicable to civilian and military people's courts. The Ordinance specifies that the deadline for requesting commutation is seven days from the date the judgment becomes legally effective and assigns the authority to review death sentences to the Judicial Council of the Supreme People's Court.
适用范围
Civilian people's courts, military courts, persons sentenced to death
要点
- Persons sentenced to death have the right to request commutation within seven days from the date the judgment becomes legally effective (Article 1).
- The presiding judge at the trial must inform the person sentenced about their right to request commutation and the deadline for such request (Article 1).
- The Judicial Council of the Supreme People's Court has the authority to review death sentences (Article 2).
🌐 本文件的社会影响
- Persons sentenced to death are informed clearly about their right to request commutation and the implementation period, providing them with an opportunity to protect themselves.
- The Judicial Council of the Supreme People's Court assumes the responsibility for reviewing death sentences, enhancing the fairness in the enforcement of laws.
❓ 常见问题
How long does a person sentenced to death have to request commutation?
Persons sentenced to death have the right to request commutation within seven days from the date the judgment becomes legally effective.
Who is assigned the responsibility to review death sentences?
The Judicial Council of the Supreme People's Court is assigned the authority to review death sentences.
全文
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PRESIDENT OF THE STATE NUMBER: 115-LCT |
SOCIALIST REPUBLIC OF VIETNAM HANOI, December 2, 1978 |
ORDER
OF THE CHAIRMAN NO. 115/LCT DATED DECEMBER 2, 1978 ANNOUNCING THE ORDINANCE ON
THE GRANTING OF PARDONS FOR CAPITAL SENTENCES AND THE REVIEW OF CAPITAL SENTENCES
ORDER OF THE CHAIRMAN SOCIALIST REPUBLIC OF VIET NAM
Pursuant to Article 63 of the Constitution of 1959;
Pursuant to the Resolution of the Standing Committee of the National Assembly of the Socialist Republic of Vietnam dated November 30, 1978,
NOW PROMULGATE
- THE ORDINANCE ON THE GRANTING OF PARDONS FOR CAPITAL SENTENCES AND THE REVIEW OF CAPITAL SENTENCES.
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Chairperson TON DUC THANG (Signed) |
THE ORDINANCE OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY ON THE GRANTING OF PARDONS FOR CAPITAL SENTENCES AND THE REVIEW OF CAPITAL SENTENCES.
Pursuant to Article 53 of the Constitution of 1959;
Pursuant to Articles 9 and 13 of the Law dated July 14, 1960 on the organization of people's courts;
At the proposal of the President of the Supreme People's Court.
THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
The following provisions are hereby established regarding the granting of pardons for capital sentences and the review of capital sentences:
Article 1
The period for requesting a pardon for a capital sentence imposed by people's courts and military courts is seven days from the date the judgment becomes legally effective.
When pronouncing the sentence, the presiding judge must inform the convicted person clearly of their right to request a pardon and the time limit for such a request.
Article 2
The Standing Committee of the Supreme People's Court is now granted the authority to review capital sentences.
This Ordinance was adopted by the Standing Committee of the National Assembly on November 30, 1978.
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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM Chairperson (Signed) |
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