| CrPC (Article 268)Inter-Circular No. 02/2005/TTLT dated 17 June 2005 of the SPC, Supreme People’s Procuracy, Ministry of Justice, Ministry of Public Security, Ministry of Finance (hereinafter referred to as Inter-Circular No. 02/2005) (Sections 1, 2, 3 and 4 of Part I)Inter-Circular No. 02/2006/TTLT-BCA-BQP-BYT-TANDTC-VKSNDTC dated 18 May 2006 of the Ministry of Public Security, SPC, Supreme People’s Procuracy, Ministry of National Defence, and Ministry of Health (hereinafter referred to as Inter-Circular No. 02/2006)
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Main tasks and practical skills:
- The Judge should study thoroughly the provisions of Article 268 of the CrPC to understand all the conditions for the remission of sentence or exemption from serving sentence.
- Any remission or exemption applicable to a fine or court fee must be in compliance with Section 3 and Section 4 of Part I of Inter-Circular No. 02/2005 and meet conditions of remission of sentence or exemption from serving sentence.
- Seriously sick people who are serving imprisonment sentence may receive a temporary suspension of such sentence serving only if:
- They are so seriously sick that they cannot serve the imprisonment sentence because the serving would threaten to be dangerous for their life. They, therefore, need to receive a temporary suspension of the sentence serving, for them to have an opportunity of medical treatment. For example: cancer in the final state, dropsy cirrhosis, tuberculosis at 4th degree, polio, heart failure at 3th degree or above, kidney failure at 4th degree or above, HIV in conversion into AIDS and is infectious and anticipated to get worse.
- There must be an opinion from a hospital at provincial or upper level in respect of the serious sickness, which shows that the sentence serving, if continued, would harm their life;
- They must have a residential place in a commune, precinct or town.
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