Criminals are subject to probation

Reply:

- According to Article 43 of the 2015 Penal Code, amended and supplemented in 2017:

“Probation is forcing a person sentenced to imprisonment to reside, work, live and reform in a certain locality under the control and education of the local government and people. During the probation period, the person sentenced is not allowed to leave the place of residence without permission and is deprived of some civil rights as prescribed inArticle 44 of this Codeand prohibited from practicing certain professions or jobs.

Probation is applied to criminals who violate national security, dangerous recidivists or in other cases prescribed by this Code.

The probation period is from 01 year to 05 years, from the date of completion of the prison sentence.".

-Probation is one of the additional penalties for criminals. Specifically, the crimes subject to probation in the 2015 Penal Code (amended and supplemented in 2017) are as follows:

- Crime of murder (Article 123);

- Crime of human trafficking (Article 150);

- Crime of trafficking in persons under 16 years old (Article 151);

- Crime of robbery (Article 168);

- Crime of organizing illegal use of narcotics (Article 255);

- Crime of hijacking aircraft or ships (Article 282);

- Crime of terrorism (Article 299);

- Crime of financing terrorism (Article 300);

- Crime of destroying important works, facilities and means related to national security (Article 303);

- Crime of illegally manufacturing, storing, transporting, using, trading or appropriating military weapons and military technical equipment (Article 304);

- Crime of illegally manufacturing, storing, transporting, using, trading or appropriating explosives (Article 305);

- Crime of illegally manufacturing, storing, transporting, using, trading or appropriating hunting guns, primitive weapons, sports weapons or support tools (Article 306);

- Crime of illegally producing, storing, transporting, using, disseminating, trading or appropriating radioactive substances and nuclear materials (Article 309);

- Crime of illegally manufacturing, storing, transporting, using or trading in flammable and toxic substances (Article 311);

- Crime of prostitution (Article 327).

The rights and obligations of persons under probation are stipulated in Clauses 1 and 2, Article 114 of the Law on Enforcement of Criminal Judgments 2019. Accordingly:

A person serving a probation sentence has the right to:

- Living with the family where the probation penalty is applied;

- Choose suitable employment (except for industries, professions or jobs that the person serving the sentence is not allowed to do); enjoy the fruits of his/her labor;

- Free to move within the commune, ward or town where the probation penalty is applied;

- Considered exempt from serving the remaining probation period.

A person serving a probation sentence has the following obligations:

- Subject to the control and education of the Commune People's Committee and local people; not arbitrarilyleave the place of probation;

- Once a month in the first week of the month, present yourself and report to the People's Committee of the commune where you are under probation about your compliance with probation regulations;

- Be present at the designated location when summoned by the Commune People's Committee. If absent, there must be a valid reason;

- Must strictly comply with policies, laws and regulations of the government; actively participate in labor, study and reform to become a useful person..

- If allowed to leave the place of probation, the person serving the sentence must declare temporary absence; present himself/herself, present his/her permit, register temporary residence and stay with the police at the commune level where he/she is going; return to the place of probation on time and present himself/herself to the People's Committee of the commune.

GH