Premature release of prisoners on conditions: Preventing recidivism, ensuring human rights
Premature release of prisoners on conditions is an effective measure in preventing recidivism and a humane form of management and education, ensuring human rights.
This institution is specified in the Penal Code 2015; Resolution No. 01 dated April 24, 2018 of the Council of Judges of the Supreme People's Court guiding the application of Articles 66 and 106 of the Penal Code on premature release of prisoners on conditions.
The Law on Execution of Criminal Judgments 2019 passed by the 14th National Assembly at the 7th session on June 14, 2019 has Section 3 with 15 articles (57 - 72) to prescribe premature release of prisoners on conditions.
Since the application of the premature release of prisoners on conditions, especially when the Law on Execution of Criminal Judgments 2019 came into effect on January 1, 2020, a series of well-reformed inmates have been prematurely released from prison on conditions.
Many well-reformed inmates are released prematurely
Specifically, on December 16, 2020, the Supreme People’s Procuracy of Da Nang City asked the People's Court of Da Nang City to grant premature release on conditions to four inmates who were eligible to be considered for premature release as prescribed by law.
Previously, on the occasion of the National Day, September 2, 2020 and the August Revolution, many provinces and cities announced their decision on premature release of well-reformed prisoners on conditions.
Well-reformed inmates were issued certificates of premature release by the Supervisory Board of the Lang Son Police Detention Center.
On July 27, 2020, the relevant agencies of Lang Son Province met and decided to prematurely release 10 inmates on conditions, including 6 prisoners at provincial detention centers and 4 inmates at district level detention centers.
These are the prisoners who are recognized for their efforts and striving in serving sentences, being ranked highly in emulation campaigns, and having clear residence. Therefore, the fact that they are released from prison before the term does not adversely affect local security and order.
Immediately after the decision to release the prisoners ahead of time was announced, on August 11, 2020, the Supervisory Board of the Detention Center of Lang Son Provincial Police held a ceremony to announce the decision of the People's Court of Lang Son province, and at the same time issued the certificates of premature release for these offenders.
On the morning of August 28, 2020, the Gia Trung detention center (Gia Lai province) announced the decision to prematurely release 20 inmates on conditions.
In August, the Can Tho City People's Court also held a meeting to consider premature release of nine prisoners on conditions. Based on the opinions and recommendations of the People’s Procuracy, the relevant agencies of Can Tho City decided to prematurely release 9 prisoners who were serving sentences at the Can City Police Detention Center and district—level detention houses.
On August 22, 2020, the Ha Giang Provincial Police’s Detention Center announced the provincial People's Court's decision to prematurely release 4 inmates on conditions. Also on August 22, 2020, the authorities of Hai Phong City announced the decision of premature release of 10 inmates.
Concretizing the humanitarian policy
The premature release of prisoners on conditions is to promote and inherit the humanitarian traditions of the Vietnamese people and concretize the Party's and State's criminal leniency policies in handling and educating guilty people.
This is also a measure to realize the policy of "reducing the imprisonment penalty, enhancing the effectiveness of prevention and the benevolence in dealing with offenders;" socializing execution tasks; step by step performing international integration in the judicial reform strategy of the Party and State.
The premature release of prisoners on conditions is a high social deterrent measure that upholds the strictness of the law and at the same time creates a motivation for prisoners to improve and have the opportunity to reintegrate into the community earlier, have conditions to participate in study, labor and production to support themselves and help their families.
That is why Article 63 of the Law on Execution of Criminal Judgments 2019 clearly stipulates the work and study of people who are prematurely released from prison on conditions. Accordingly, those who are prematurely released from prison on condition and who are not cadres, civil servants or public employees, if being allowed to continue working at agencies, organization or units, will be entitled to salary and other appropriate benefits in accordance with their job, is counted in the working time as prescribed by law.
Those who are prematurely released from prison on conditions will be facilitated by the commune People's Committee to find a job.
Those who are prematurely released from prison on conditions who are accepted for study by the general education or vocational education institutions shall enjoy the benefits as prescribed by law.
In addition to the two above cases, people who prematurely released from prison on conditions are facilitated by the commune People's Committee to find a job.
Those who are prematurely released from prison on conditions are also guaranteed the right of residence. This content is specified in Article 68 of the Law on Execution of Criminal Judgments 2019. Accordingly, the people who are prematurely released from prison on conditions are considered for the change of place of residence if the prescribed conditions are met.
In addition, the premature release of prisoners on conditions also enhances the responsibility of communities, social organizations, and families of sentenced persons in coordination with state agencies for management and supervision and education of those who are prematurely released from prison on conditions.
This is reflected in Article 72 regarding the family responsibility of the persons who are prematurely released from prison on conditions. Specifically, the family of those people is responsible for coordinating with the People's Committee of the commune and the military unit in managing these people;
The family of the persons who are prematurely released from prison on conditions must notify the results of their execution of obligations to the People's Committee of the commune or the military unit assigned to manage these people when they are requested; present at the meeting to review operations of the persons who are prematurely released from prison on conditions as requested by the People's Committee of the commune, the military unit assigned to manage that person...
With such provisions and from the real cases, it can be affirmed that “this is a highly effective measure to prevent recidivism and violations of the law; this is a humane form of management and education that ensures human rights in the current conditions”.
Premature release of prisoners on conditions is an institution applicable to eligible prisoners whose court rulings do not have to force them to continue serving the imprisonment sentence at the detention facility, to be able to return to their place of residence and work in the locality but still be subject to the management, supervision and education of the local government while serving the remaining imprisonment sentence.
Premature release of prisoners on conditions is conducted three times a year at the end of the first quarter, the second quarter and the end of the year of classification.