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Strictly prosecute the case in the community

Not only contributing to reducing the burden on the detention system, community-based punishments such as suspended sentences and non-custodial reform are increasingly considered a humane direction in criminal policy, helping criminals have the opportunity to correct their mistakes and reintegrate into society. However, for these punishments to truly promote the effectiveness of education and prevention of recidivism, community-based supervision of sentence execution plays a very key role.

Báo Phú YênBáo Phú Yên26/04/2025

Phu Hoa District People's Procuracy directly supervises the execution of criminal sentences at Hoa An Commune People's Committee. Photo: Contributor

In Phu Yen, along with strictly implementing legal regulations, the local Procuracy has proactively innovated inspection methods, closely following the grassroots, especially in the context of Joint Circular 02/2025 of the Ministry of Public Security , the Supreme People's Procuracy and the Supreme People's Court officially taking effect.

Do not formalize the execution of judgment

In reality, the enforcement of criminal sentences in the community, such as suspended sentences, non-custodial reform, etc., if not closely monitored, regulations on enforcement of sentences at the local level are easily implemented in a formalistic manner, or even left open, weakening the effectiveness of the law. Therefore, the role of the prosecution agency with the function of supervising the strictness and legality of the enforcement of sentences is becoming increasingly important.

In recent years, the work of supervising the execution of criminal sentences in the community has achieved many positive results. Every year, the People's Procuracy at two levels in the province develops a plan for regular and unscheduled inspections of the People's Committees at the commune level - the place that directly manages and supervises people who are not in custody. In April alone, the People's Procuracy at two levels in the province conducted 39 direct inspections at the People's Committees of communes, wards and towns; issued conclusions and conducted 4 re-inspections on the implementation of recommendations and protests previously made.

Mr. Le Hong Khoan, Director of the People's Procuracy of Phu Hoa district, said: When directly prosecuting, we not only check relevant records and books, meet with the sentenced person, but also coordinate with local authorities to propagate and disseminate the law so that the convicts can raise their awareness of complying with the provisions of the law, properly implement the Party's policies, the State's policies and laws, and local regulations.

According to Mr. Khoan, during the inspection process, in general, the work of executing sentences in the community has received attention from the People's Committee at the commune level, the reception and management of people executing sentences are strict, ensuring compliance with regulations. However, there are still some shortcomings and shortcomings in this work such as: the assessment and comments of the People's Committee of the commune with the person executing sentences are not complete, not in accordance with the situation of the person executing sentences. Some places do not conduct periodic comments in accordance with regulations or classify the results of execution of sentences that are not close to reality. In fact, there are cases of people serving sentences reoffending due to poor management andeducation at the local level... "We have made recommendations to overcome violations and at the same time requested the criminal execution agency to further strengthen the inspection and guidance work for the police at the commune level to improve the work of executing criminal sentences in the community in the coming time", Mr. Khoan said.

Expanding the responsibility of inspection according to the new circular

An important step in the supervision of criminal judgment execution in the community is the issuance by the Ministry of Public Security, the Supreme People's Procuracy and the Supreme People's Court of Joint Circular 02/2025/TTLT-BCA-VKSNDTC-TANDTC dated February 27, 2025, regulating coordination between competent agencies in criminal proceedings, management, temporary detention, temporary imprisonment and execution of criminal judgments when there is no district-level police organization (Joint Circular 02/2025). This Circular takes effect from March 1, 2025. Accordingly, the commune-level police are assigned a number of tasks to execute criminal sentences such as: supervising, managing, and educating people serving suspended sentences, non-custodial reform, probation, residence ban, and practice ban. In addition to preparing records and reporting when violations are detected, the commune/ward/town police are also responsible for advising the People's Committee of the commune/ward/town to organize educational activities and manage cases serving sentences in the area.

Phu Yen Procuracy determined that improving the quality of prosecution is not only to protect the law and human rights, but also a decisive factor in helping people serving sentences not only "finish their sentences on paper", but also be truly educated and reformed to become useful citizens to society.

Chief Prosecutor of the Provincial People's Procuracy Pham Trung Thuan

In that context, the role of the Procuracy is further affirmed. According to the Director of the People's Procuracy of Phu Yen Province, Pham Trung Thuan, Joint Circular 02/2025 has expanded the scope of supervision, requiring the People's Procuracy to not only supervise the execution of judgments carried out by the People's Committee at the commune level, but also directly supervise the commune-level police - the unit primarily responsible for supervising and educating those serving sentences. This is to ensure that all stages of the execution process are carried out in accordance with the law, without missing any violations.

To strictly implement this circular, the Provincial People's Procuracy has directed the heads of the People's Procuracies of districts, towns and cities to research and thoroughly understand the contents of the circular; at the same time, organize comprehensive supervision of criminal enforcement activities in the community, especially at the commune-level police, where the main responsibility is assigned.

“From this direction, the Phu Yen Procuracy determined that improving the quality of prosecution is not only to protect the law and human rights, but also a decisive factor in helping people serving sentences not only “finish their sentences on paper”, but also be truly educated and reformed to become useful citizens to society,” said Mr. Pham Trung Thuan.

Source: https://baophuyen.vn/phap-luat/202504/kiem-sat-nghiem-minh-an-tai-cong-dong-27b12b6/


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