Main tasks and practical skills:
- The Judge should specify the case in which an application for such remission or exemption is lodged.
- Pursuant to Item 2 of Article 269 of the CrPC, the Judge shall consider whether the file of application for such remission or exemption is made in accordance with legal provisions or not.
- Where such remission or exemption applies to a fine or court fee, the file of application for such remission or exemption must be in accordance with Section 1 and Section 2 of Inter-Circular No. 02/2005.
- If a person, who is serving an imprisonment sentence, gets a serious sickness and his sentence serving has to be suspended, the file of the application for suspending the sentence serving shall be composed of:
- Copies or excerpts of the criminal judgment;
- Opinion of a hospital at provincial level or upper level on the sickness. A HIV-infected patient in the stage of AIDS needs to present only the result of a HIV infection test as stipulated by the Ministry of Health and their medical file must specify that the patient is infectious and anticipated to get worse;
- A written request for temporary suspension of such sentence serving of a person with a serious sickness must be made by the Supervision Board of the Detention House or Prison. If the convicted person is serving his sentence in a temporary custodial place, Head of the custodial place should report to the Supervision Board of the relevant Detention House for it to make a written request for temporary suspension of his sentence serving;
- Appraisal of relevant bodies (excluding the case of a HIV-infected patient in the stage of AIDS, is infectious and anticipated to get worse);
- Opinions of the leadership of the Ministry of Public Security or Ministry of National Defence with respect to a seriously sick person who is serving an imprisonment sentence imposed for an offence of violating the national security; or is sentenced with imprisonment of more than 15 years or life sentence for the offences of murder, robbery, rape, intentionally causing injury to others, intentionally infecting HIV to others or is sentenced with imprisonment of 20 years or more (even a combined sentence), life sentence for other intentional offences.
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