Resolution No. 181/NQ-QHK6 assigns jurisdiction to special people's courts to try serious crimes affecting public order and safety in Ho Chi Minh City. This document specifies the procedures for requesting commutation of death sentences and the time limit for appeals against death sentences.
Scope of application
Special People's Court, President of the Supreme People's Court, Procurator General of the Supreme People's Procuracy, Minister of Interior, President of the Special People's Court, and Chairman of the People's Committee of Ho Chi Minh City.
Key points
- The Special People's Court has jurisdiction to try serious crimes affecting public order and safety in Ho Chi Minh City (Article 1).
- A person sentenced to death has the right to request commutation within three days from the date of sentencing (Article 2).
- The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the right to appeal a death sentence within ten days from the date of receiving the case file (Article 3).
- If there is no request for commutation or appeal, the Special People's Court will issue an execution order after the prescribed period (Article 4).
🌐 Social impact of this document
- Enhance the protection of public order and safety in Ho Chi Minh City.
- Serious crimes affecting public order and safety may face the death penalty if not commuted.
- Persons sentenced to death and judicial organs must comply with specific deadlines to request commutation or appeal.
❓ Frequently asked questions
What crimes does the Special People's Court have jurisdiction to try?
The Special People's Court is assigned jurisdiction to try serious crimes affecting public order and safety in Ho Chi Minh City (Article 1).
How long does a person sentenced to death have to request commutation?
A person sentenced to death has the right to request commutation within three days from the date of sentencing (Article 2).
How long do the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have to appeal a death sentence?
The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the right to appeal a death sentence within ten days from the date of receiving the case file (Article 3).
When will the Special People's Court issue an execution order if there is no request for commutation or appeal?
After the periods specified in Article 2 and Article 3, if there is no request for commutation or appeal, the Special People's Court will issue an execution order (Article 4).
Until when is this resolution effective?
This resolution is effective until a new decision is made by the Standing Committee of the National Assembly.
Full text
RESOLUTION
OF THE STANDING NATIONAL ASSEMBLY
NATIONAL ASSEMBLY STANDING COMMITTEE
SOCIALIST REPUBLIC OF VIET NAM
Based on Article 53 of the 1959 Constitution;
Based on Resolution No. 38/NQ-QHK6, dated November 24, 1976, regarding the establishment of the Special People's Court;
To strengthen the protection of citizens' lives and property, to enhance social order, and to create favorable conditions for the people to successfully carry out the socialist transformation and construction in Ho Chi Minh City;
At the proposal of the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy;
RESOLUTION:
Article 1. Now, the Special People's Court, established pursuant to Resolution No. 38/NQ-QHK6, dated November 24, 1976, of the Standing Committee of the National Assembly, shall have jurisdiction over particularly serious crimes against social order occurring in Ho Chi Minh City: murder, robbery, extortion, kidnapping, arson, organized thievery and banditry, rape.
Article 2. In cases where a death sentence is pronounced, the convicted person has the right to request clemency from the Standing Committee of the National Assembly within three days from the date of sentencing.
If there is a request for clemency, within ten days after receiving the file, the President of the Supreme People's Court must submit it to the Standing Committee of the National Assembly for consideration.
Article 3. The President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy have the right to appeal against a death sentence within ten days from the date of receipt of the case file, so that the Supreme People's Court may reconsider the case.
Article 4. Beyond the time limits set forth in Articles 2 and 3, if the President of the Supreme People's Court and the Procurator General of the Supreme People's Procuracy do not appeal, and if the person sentenced to death does not request clemency, then the Special People's Court shall issue an execution order.
Article 5. The President of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, the Minister of Interior, the President of the Special People's Court, and the Chairman of the People's Committee of Ho Chi Minh City are responsible for implementing this Resolution.
Article 6. This Resolution shall be effective until a new decision is made by the Standing Committee of the National Assembly.
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