Answering readers’ concerns, lawyer Tran Xuan Tien, Head of Dong Doi Law Office, City Bar Association. Hanoi said that arresting the defendant after sentencing is one of the preventive measures to ensure the execution of the sentence. Therefore, this requires the agencies conducting the proceedings and the people conducting the proceedings, especially at the trial stage, to consider comprehensively and fully to make an accurate decision.
According to information received, Trang Nemo” has appealed against the first instance verdict and the Court of Appeal has rejected the appeal against Trang’s 9-month prison sentence for disturbing public order and transferring documents. to the first instance court to carry out judgment execution procedures. Therefore, after the Court of Appeal pronounces the sentence, the judgment takes effect from the date of pronouncement according to the provisions of Clause 2, Article 355 of the 2015 Criminal Procedure Code.
During this time Within 7 days from the date of receiving the appeal judgment, the Chief Judge of the first instance court must issue a decision to execute the judgment and send this decision to the convicted person based on Clause 2, Article 364 of the 2015 Criminal Procedure Code.< /p>
Lawyer Tien said that in the case of a person sentenced to prison who is on bail, within 7 days from the date of receiving the decision to execute the sentence the person will serve the sentence. must be present at the headquarters of the criminal judgment execution agency of the district police to execute the judgment based on Clause 3, Article 364 of the 2015 Criminal Procedure Code and Clause 4, Article 23 of the Law. Criminal Judgment Execution 2019.
If the person on bail after being sentenced by the court is not present to execute the sentence after the 7-day period, the police will execute the criminal judgment. and the judicial support agency will escort the execution of the sentence.
According to initial information, Trang “Nemo” has requested to postpone the execution of her prison sentence because she is pregnant. This is completely consistent with the provisions of Point b, Clause 1, Article 67 of the Penal Code 2015, amended 2017 “Persons sentenced to prison can have their sentence postponed.” is a pregnant woman or is raising a child under 36 months of age, it will be postponed until the child is 36 months old.”
However, the defendant’s application to postpone the execution of the sentence Whether the report is accepted or not depends on the verification process and review by the Chief Judge of the first instance court. If accepted, the prison sentence for Trang “Nemo” could last until Trang’s child is 36 months old.
Why after sentencing? Number of defendants released on bail?
Lawyer Quach Thanh Luc, Director of Phap Phap Law Firm, said that currently, the law does not have a legal term about “bail. This is the language used to refer to cases where the defendant is not detained during the investigation and trial process.
Accordingly, there are 2 cases where the defendant can be released on bail.
Case 1: If the defendant meets all of the following conditions, he will not be detained but will be “released” and subject to other preventive measures:
– The defendant belongs to one of the following categories:
+ Is a pregnant woman.
+ Is raising a child under 36 months old.
+ Is an old and weak person.
+ Is a seriously ill person.
– The defendant has a clear place of residence and background.
– No falling into the following cases:
+ Escaping and being arrested according to the wanted decision;
+ Continuing to commit crimes;
+ Committing the act of buying bribe, coerce, incite others to make false statements, provide false documents; destroy, tamper with evidence, documents, objects of the case, and scatter assets related to the case; threatening to control and retaliate against witnesses, victims, criminal whistleblowers or relatives of these people;
+ The accused is accused of violating national security and there are sufficient grounds to determine if not temporary. Detaining them will endanger national security.
Case 2: The defendant can also be “released on bail” if he falls into the following cases: following:
– Bail: Based on the nature of the danger to society of the behavior and the identity of the accused, the investigation agency and the Procuracy, the Court can decide to grant them bail.
– Deposit money to secure: Based on the nature of the danger to society of the defendant’s personal behavior and property status, the investigation agency, the Procuracy, the court can decide for them or Their relatives deposit money as security.
– Prohibition from leaving the place of residence: Prohibition from leaving the place of residence is a deterrent measure that can be applied to defendants who have a reasonable place of residence. clear schedule to ensure their presence according to the summons of the investigation agency, the prosecutor’s office and the court.
Thus, if the defendant meets all the conditions or falls into the above cases, then can be “released on bail” and subject to other preventive measures such as being banned from leaving the place of residence, posting money as security.
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