Decree No. 77B delegates to the Standing Committee of the South Vietnam People's Committee the power to decide on granting clemency for death sentences handed down by the Military Court in the South. This creates a mechanism allowing criminals to request commutation of their death sentence.
适用范围
Standing Committee of the South Vietnam People's Committee, Military Court in the South
要点
- The Military Court in the South pronounces a death sentence → Criminals have the right to submit an appeal to the Standing Committee of the South Vietnam People's Committee requesting clemency (Article I)
- The Standing Committee of the South Vietnam People's Committee decides whether or not to grant clemency → This decision is considered as a resolution by the Chairman of the Government (Article I)
- Minister of National Defense, Minister of Interior and Minister of Justice, South Vietnam People's Committee must enforce this Decree (Article II)
- This Decree takes effect after being signed by Ho Chi Minh
🌐 本文件的社会影响
- Creating a mechanism for criminals to request commutation of their death sentence, providing them with additional opportunities to live
- The Standing Committee of the South Vietnam People's Committee must carefully consider when deciding whether or not to grant clemency
❓ 常见问题
What rights do criminals sentenced to death by the Military Court in the South have?
They have the right to submit an appeal to the Standing Committee of the South Vietnam People's Committee requesting clemency (Article I)
What is the value of the decision made by the Standing Committee of the South Vietnam People's Committee regarding granting clemency?
It has the same value as a resolution by the Chairman of the Government (Article I)
全文
DECREE
Regarding the delegation of authority to the South Vietnam People's Committee for clemency and commutation in Article 3 of the Decree dated September 13, 1945 establishing military courts by the Chairman of the Provisional Government No. 77B dated December 24, 1945
CHAIRMAN OF THE VIETNAMESE DEMOCRATIC REPUBLIC GOVERNMENT
In accordance with a telegraph from the South Vietnam People's Committee requesting the Government to delegate authority for clemency and commutation of death sentences by military courts,
In accordance with the Decree dated September 13, 1945 establishing military courts,
Considering the special circumstances currently prevailing in the South region,
At the request of the Minister of Justice,
After deliberation by the Council of Ministers on December 24, 1945,
ISSUES THE DECREE:
Article I: The Chairman of the Provisional Government of the Democratic Republic of Vietnam delegates authority for clemency and commutation in Article 3 of the Decree dated September 13, 1945 to the Standing Committee of the South Vietnam People's Committee.
Therefore, if a military court in the South region pronounces a death sentence, the convict has the right to submit an appeal for clemency to the South Vietnam People's Committee. The execution of the sentence will be suspended pending the decision of the Standing Committee of the South Vietnam People's Committee.
Decisions by the Standing Committee of the South Vietnam People's Committee on granting or denying clemency shall be deemed as decisions made by the Chairman of the Government.
Article II: The Ministers of National Defense, Interior, and Justice, and the South Vietnam People's Committee shall implement this Decree accordingly.
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Ho Chi Minh (Signed)
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