Main tasks and practical skills:
- General procedure for considering such remission or exemption is provided in Item 3 of Article 269 of the CrPC.
- Procedure for considering such remission or exemption applicable to a fine or court fee must be in accordance with Section 4 of Part II of Inter-Circular No. 02/2005.
- Procedure for consideration of temporary suspension of imprisonment sentence serving of a seriously sick person should be conducted as follows:
- The Supervision Board of the Prision under the Ministry of Public Security should set up a file of application for temporary suspension of imprisonment sentence serving of a seriously sick person in its prison, transfer the file to the Department of Management of Prisons, Educational institutions and Reformative Centers for its consideration and appraisal;
- The Supervision Board of the Detention House under the Ministry of National Defence should set up a file of the application for temporary suspension of imprisonment sentence serving of a seriously sick person in its detention house, transfer the file to the Department of Criminal Investigation under the Ministry of National Defence for its consideration and appraisal;
- The Supervision Board of the Detention House under the Area Military Body of the Ministry of National Defence should set up a file of the application for temporary suspension of imprisonment sentence serving of a seriously sick person in its detention house, transfer the file to the Investigating Body of the Area Military Body for its consideration and appraisal;
- The Supervision Board of the Detention House under the Public Security Body of a province or city under central authority should set up a file of the application for temporary suspension of imprisonment sentence serving of a seriously sick person in its detention house, transfer the file to the Public Security Body of such province or city under central authority for its consideration and appraisal;
- Within 02 working days from the receipt of the file, the competent body must complete the consideration and appraisal. Upon receipt of the official opinion on the consideration and appraisal of the competent body, the Supervision Board of the detention house or the prison must complete the file and send it to the Court in the province where the convicted is serving the sentence, and also send it, at the same time, to the Procuracy of the same level for it to conduct its function of supervision;
- As for a HIV-infected people who are serving a sentence, if the patient’s illness is in the conversion into AIDS, is infectious and anticipated to get worse, the Supervision Board of the detention house or the prison should set up a file of the application for temporary suspension of their sentence serving, and transfer the file to the Court in the province where the people are serving the sentence for its consideration and decision. The Board does not need to ask for appraisal of a competent body but it must send it, at the same time, to the Procuracy of the same level for it to conduct its function of suprevision.
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