Decree No. 33D stipulates the rules for releasing criminals sentenced before August 19, 1945. The document specifies the review process and conditions for release, as well as legal consequences if released individuals reoffend.
Đối tượng áp dụng
All convicts sentenced before August 19, 1945
Các điểm cốt lõi
- Convicts sentenced before August 19, 1945 are eligible for release according to Clause I (Article 1)
- Local political commissars compile lists of prisoners to be released after reviewing files and considering the opinions of prison directors (Clause II)
- Released individuals retain their original sentences and records; they may only receive full amnesty if new legislation is enacted (Clause III)
- If a released individual reoffends, they must bear both old and new penalties (Clause IV)
🌐 Tác động xã hội từ văn bản này
- Creating opportunities for convicts sentenced before the specified date to be released earlier than anticipated
- Causing difficulties for those who have been released if they reoffend; they will face both old and new penalties
❓ Câu hỏi thường gặp
Who is subject to this decree?
Convicts sentenced before August 19, 1945.
What is the review process for release?
Local political commissars will review files and consider prison directors' opinions to compile lists of prisoners to be released (Clause II)
Are there any consequences after being released?
Released individuals retain their original sentences and records; they may only receive full amnesty if new legislation is enacted (Clause III)
What happens if someone reoffends after release?
They must bear both old and new penalties (Clause IV)
Toàn văn
DECREE-LAW
No. 33D dated September 19, 1945
CHAIRMAN OF THE PROVISIONAL GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to the request of the People's Committee of North Vietnam,
After hearing the Minister of Justice,
Following discussions by the Council of Ministers on September 12, 1945,
ISSUES THE DECREE-LAW
Clause I: Prisoners sentenced before April 19, 1845 shall be released according to the following procedures.
Clause II: A local political commissioner shall enter the prison to review each prisoner's file and background, seek the opinion of the prison director, then compile a list of prisoners for release.
This list will be submitted to the Chief Prosecutor.
Prisoners may submit an application for release on their own initiative; this application must first be reviewed by the local political commissioner and the prison director.
After consulting with the Chief Justice, he shall decide which prisoners are to be released.
Clause III: Those who are released will be immediately freed but still considered as prisoners: their sentences and files remain intact. If a future amnesty law is enacted, then the punishment and file of the prisoner will be fully waived.
Clause IV: Should those released subsequently receive another sentence, they shall not only bear the new penalty but also continue to bear the old one as well.
Clause V: The Minister of Justice and the Minister of Interior are hereby entrusted with the implementation of this decree-law.
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Ho Chi Minh (Signed)
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