Proposal for prisoners to donate tissues, body parts, store eggs and sperm

The draft Law on Criminal Enforcement proposes that prisoners have the right to donate tissues and body parts and to store eggs and sperm in accordance with the law.

This morning, the National Assembly listened to Permanent Deputy Prime Minister Nguyen Hoa Binh present the draft Law on Enforcement of Criminal Judgments (amended).

The Deputy Prime Minister said that after 5 years of implementation, some provisions of the law are no longer suitable for the new organizational structure of the police force and local authorities. The current law has not clarified the responsibilities and authority between agencies; and has not fully promoted the role of the Commune-level Police - the grassroots unit directly responsible for managing, supervising and educating people serving sentences in the community.

The National Assembly listened to Permanent Deputy Prime Minister Nguyen Hoa Binh present a report. Photo: National Assembly

The Deputy Prime Minister emphasized that the amendment of the law aims to adjust the organizational model of the criminal enforcement system to suit the new apparatus, while adding regulations to ensure human rights, civil rights, and the application of science, technology, and biometric data in management and enforcement.

The draft also completes regulations on the implementation of rights and obligations of persons serving criminal sentences, the management regime for persons serving criminal sentences, and regulations on the implementation of the detention regime for prisoners; ensuring consistency and uniformity with other relevant specialized legal regulations and suitability with the current practical conditions of Vietnam and in the following years.

Notably, the draft law adds that prisoners have the right to donate tissues and body parts; enjoy the regime and policies according to the law on donation of human tissues and body parts; and have eggs and sperm stored according to the law.

The review report of the Law and Justice Committee said that the majority of opinions in the Committee agreed with the provisions of the draft law on the right of prisoners to donate tissues and body parts; to store eggs and sperm, but suggested that prisoners should only be allowed to donate tissues and body parts in cases to save their relatives. At the same time, strict conditions must be attached such as: Prisoners must volunteer, not for profit, bear the costs themselves, meet health requirements and the remaining prison sentence must be short (no more than 3 years)...

There are opinions suggesting that for now, there should only be regulations allowing prisoners to store eggs and sperm, but there should not be additional regulations on donating tissues and body parts.

Regarding the system of criminal judgment enforcement organization, tasks and powers of agencies in managing and enforcing criminal judgments, the Committee on Law and Justice proposed to review and adjust in the direction of not assigning the Ministry of Public Security and the Ministry of National Defense to specify in detail the organizational structure of agencies assigned with certain tasks of criminal judgment enforcement to avoid duplication with related laws.

The Committee also proposed to revise regulations on the duties and powers of the criminal enforcement management agencies of the Ministry of Public Security and the Ministry of National Defense to suit the scope of authority of each agency.

Regarding the execution of prison sentences, the Committee on Law and Justice proposed to amend the regulations on requesting forensic psychiatric assessment and medical examination of prisoners in the direction of assigning authority to prisons, detention camps, criminal enforcement agencies of provincial-level police, and criminal enforcement agencies of military regions to issue decisions to request forensic psychiatric assessment, forensic examination, or medical examination.

Regarding the classification of prison sentence execution, the Committee on Law and Justice approved the regulation on classifying prison sentence execution by month and quarter (eliminating the regulation on classifying by week, 6 months, 1 year) but proposed to keep the criteria on the results of overcoming the consequences caused by the criminal acts of the prisoner because the results of overcoming the consequences are an important basis for assessing the prisoner's sense of execution of the sentence, ensuring the rights of victims in criminal cases.

Vietnamnet.vn

Source: https://vietnamnet.vn/de-xuat-pham-nhan-duoc-hien-mo-luu-tru-trung-tinh-trung-2456616.html