Drop the proposal not to convert prison sentences into other penalties

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung reported on the explanation, acceptance and revision of the draft Law on Transfer of Persons Serving Prison Sentences. Photo: Pham Dong

Continuing the program of the 10th Session of the 15th National Assembly , on the morning of October 27, Member of the National Assembly Standing Committee, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung reported on the explanation, acceptance and revision of the draft Law on Transfer of Persons Serving Prison Sentences.

According to Mr. Hoang Thanh Tung, after receiving and editing, the draft law consists of 4 chapters and 44 articles.

Regarding the cost of transferring people serving prison sentences (Article 11), some opinions proposed more specific regulations on voluntary contributions, support and the management and use of this funding source to ensure feasibility, publicity and transparency; at the same time, assign the Government to regulate the management and use.

The Standing Committee of the National Assembly finds that the National Assembly deputies' opinions are well-founded and consistent with reality because although the funds voluntarily contributed by people serving prison sentences, agencies, organizations, and other individuals can only be used to pay for individuals serving prison sentences during their transfer from the transferring country to the receiving country, it is necessary to define them more clearly to avoid duplication of expenditures from the state budget, ensuring publicity and transparency.

Because this is a specific content; the levels of support and voluntary contributions are also different, so to ensure the stability of the law and suitability with reality, Clause 2, Article 11 of the draft law has assigned the Government to specify this in detail.

At the same time, to clarify the State's responsibility in ensuring funding, consistent with the other three draft laws on judicial assistance, it is necessary to revise Clause 1, Article 11 as shown in the draft law.

Scene of the meeting on the morning of October 27. Photo: Pham Dong

Regarding the conversion of prison sentences (Article 23), some opinions suggested reviewing and revising the regulations to be more specific, clear, and detailed on the conversion of prison sentences, and at the same time, adding content assigning the Government to regulate in detail this article.

The National Assembly Standing Committee partially accepted the opinions of National Assembly deputies and removed the provision "not converting prison sentences into other penalties" in Clause 3.

The Standing Committee of the National Assembly finds that converting prison sentences is a complicated issue, and must be based on the circumstances of the case stated in the judgment or decision issued by the transferring country to convert in accordance with Vietnam's criminal policy and legal provisions.

Meanwhile, the criminal policies of Vietnam and other countries have many differences, for example, some countries stipulate that prison sentences can be up to hundreds of years.

Therefore, the provisions in the draft law are appropriate to ensure feasibility and convenience in application, consistent with the diversity of laws of countries around the world, and at the same time, consistent with the policy of innovation in legislative thinking.

To ensure flexibility and suitability with practice, add Clause 5 assigning "The Minister of Public Security to preside over and coordinate with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to detail this article".

Laodong.vn

Source: https://laodong.vn/thoi-su/bo-de-xuat-khong-chuyen-doi-hinh-phat-tu-thanh-cac-hinh-phat-khac-1598685.ldo