The Right to Suspension of Prison Sentence, Reduction of Prison Sentence Term, and Pardon of Prisoners

contact with the prisoner's family. Such as informing the prisoner's family and the local authorities where the prisoner resides of the prisoner's sentence execution status every 6 months. This regulation is almost never implemented, except in cases where the prisoner dies or is seriously ill and needs to temporarily suspend the execution of the sentence.

The implementation of this regime still has many shortcomings in some camps, especially in prisons where visiting rooms are still makeshift, not ensuring environmental hygiene and aesthetics as well as the requirements for managing and educating prisoners during visits.

All prisons and detention camps organize canteens to serve prisoners and their relatives, which has a very good effect. The revenue from service activities (including canteens in visiting houses, canteens in prisons and telephone services) must be regulated in a unified manner in accordance with market prices. Some prisons still contract out to officials or bid, the management of canteen sales is unreasonable, uncontrolled, the prices of goods sold in the canteen are not publicly posted, the canteen regulations are not posted, the prices of goods are higher than the market prices; prisoners are allowed to buy more goods than prescribed, and in some places prisoners even bring some goods on the list of prohibited items into their cells.

2.3.10. Right to complain and denounce

Competent authorities have not yet organized for prisoners to fully exercise their right to complain and denounce. The settlement of complaints and denunciations is still slow and passive. Complaints and denunciations from prisoners have not been fully reported, analyzed and violations of prisoners' rights have not been disclosed through the settlement of complaints and denunciations. Through the analysis of the general situation, it can be seen that there are still many shortcomings and limitations in the implementation of legal provisions in ensuring prisoners' rights, including violations by law enforcement agencies and inmates violating each other's rights. Complaints and denunciations by individuals or especially by groups of prisoners are extremely important because they allow

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Even if they do not receive a fair settlement or even if they lose their lawsuits, such events attract great attention from society, the media, legislators and law enforcement to create a basis in the future for better protection of prisoners' rights. In addition, a mechanism to ensure the right to appeal has not been established, which will greatly affect the ability of prisoners to protect their rights in detention. This mechanism includes ensuring that prisoners are not punished when they complain and denounce, and taking measures to prevent punishment or hatred from occurring.

2.3.11. The right to temporarily suspend the execution of a prison sentence, reduce the term of imprisonment, and grant amnesty to prisoners

The shortcomings in the implementation of this right of prisoners are reflected in the form of law application, violations of applicable conditions. There are still many errors in considering reduction and temporary suspension of prison sentences for prisoners. Regarding the special amnesty work, it is strictly implemented according to the decision of the President, but the inspection and appraisal of special amnesty records still have some shortcomings, that is, the guiding documents on conditions, standards, and procedures for conducting special amnesty for competent officials and prisoners are not timely and consistent.

In addition to the above shortcomings, although there have been many efforts in the treatment of children in prison, the special environment of prison is still not a good place for children to develop comprehensively in all aspects. Some children are still in prison because they have not been contacted to return to their families or social protection centers [4, pp. 2-14].

Some inadequacies and contradictions between legal documents related to issues of reducing the term of execution of sentences for minors who commit crimes, for example: Article 76 of the Penal Code stipulates that "minors shall be sentenced to non-custodial reform or imprisonment, if they have made meritorious deeds or

" If a person has a serious illness, he/she will be considered for immediate reduction and may be exempted from serving the remaining prison sentence" [38], but Clause 2, Article 269 of the Criminal Procedure Code states: "The application for consideration of reduction of the prison sentence must have a proposal from the prison enforcement agency, the application for consideration of exemption must have a proposal from the Chief Prosecutor of the People's Procuracy at the same level" [34], there is no proposal from the prison warden and Resolutions 01 and 02 of the Supreme People's Court Council of Judges also do not provide guidance on this matter.

The above legal problems have more or less affected the work of proposing reduction of prison sentences and importantly, the right of prisoners to enjoy a reduction in their sentence is not guaranteed. In some cases, due to the lengthy procedure, seriously ill people died before a decision was made to reduce or exempt them from serving the remaining prison sentence.

From the shortcomings in the implementation of criminal law enforcement to protect prisoners' rights, it can be seen that:

The implementation of the law on criminal enforcement to protect the rights of prisoners is facing difficulties and challenges as the number of prisoners is increasing. Moreover, the composition of prisoners is increasingly complex, many prisoners are not yet stable in their reformation mentality. The situation of prisoners serving their prison sentences like this causes great difficulties in ensuring the rights of prisoners because it is a factor that directly affects the implementation of the law on criminal enforcement to protect the rights of prisoners.

Regarding the regimes on food, clothing, accommodation, daily activities, medical care, study, work, visits, receiving and sending letters and gifts, and the right to complain and denounce of prisoners, the limitations are mainly due to the form of law enforcement and compliance with the law. Regarding the regimes on detention organization, ensuring the life, health, reputation and dignity of prisoners during detention and the right to temporarily suspend the execution of prison sentences, reduce the term of imprisonment.

and amnesty, here the limitation is revealed in the application of the law. This is the injustice in implementing the law to enforce the sentence to protect the rights of prisoners.

The shortcomings and limitations are also reflected in weaknesses that have not been completely overcome, such as in the detention regime, clothing, accommodation and labor regime. Violations of the law on the enforcement of criminal sentences to protect the rights of prisoners still occur in many places, demonstrating the lack of respect for human rights in general and the rights of those deprived of liberty who are serving sentences in particular. This is not only contrary to the State's ideology and policy towards this subject, but also contrary to the affirmation of the Universal Declaration of Human Rights that " Everyone has the right to recognition everywhere as a person before the law" and Article 1 of the Basic Principles for the Treatment of Prisoners 1990 " All prisoners shall be treated with respect in accordance with their inherent dignity and value as human beings".

Chapter 3

SOME SOLUTIONS TO ENSURE HUMAN RIGHTS OF PRISONERS ACCORDING TO VIETNAMESE LAW

3.1. Perfecting the provisions of Vietnamese law

3.1.1. Perfecting criminal law

3.1.1.1. Criminalization of torture. Although the Penal Code currently has two crimes, the crime of forcing confessions and the crime of using torture, these crimes clearly do not cover the full content of torture according to the very broad definition stated in the United Nations Convention against Torture. Thus, to prevent torture, the first and very important thing to do is to study and supplement the system of crimes on this issue in the Penal Code, in which it is necessary to stipulate the crime of torture and give specific definitions of appropriate torture acts.

in accordance with relevant standards of international law. In addition, the punishment for the crime of torture must be commensurate with the seriousness of the act.

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that is , most

Torture is not just about causing injury .

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through my

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normal health , but those are “ pains ”

" physical and mental abuse " , therefore the punishment for

Torture must reflect the severity of the torture, and may refer to the criminal law of some countries when prescribing penalties for torture , for example, in Canada the penalty for torture can be up to 14 years .

five years in prison ( Article 269 of the Canadian Criminal Code); for Colombia , the penalty can be up to 15 years in prison , in addition to a fine ( Article 178 of the Colombian Criminal Code ) ; torture can also be punished by

life imprisonment under Section 206 of the California Penal Code (ext . the Attorney General's Office )

California does not require proof of suffering from torture [49, p.108 ] .

through hardship

multi - dimensional

3.1.1.2. Addition of the crime of "Resisting the implementation of prison regulations"

In recent years, the number of prisoners sentenced to prison has increased rapidly, the nature and criminal behavior of prisoners are also more diverse, complicated and dangerous than before. The number of prisoners showing signs of opposition, protesting, causing chaos, causing violence and kidnapping hostages in prison has also appeared, there are even many cases of prisoners showing signs of "liking" harassment, violating discipline, violating prison regulations many times, publicly,... These acts, both subjectively and objectively, have constituted a new crime, with a characteristic nature and often occurring in prisons today. If only handled with disciplinary measures as at present, it will not have the effect of punishing and educating prisoners. Causing insecurity in prisons and the security and safety of other prisoners will affect the protection of prisoners' rights.

To prevent, stop and effectively combat these violations, the author proposes to add to the Criminal Code the crime of "Resisting the implementation of prison regulations" . With this new crime, extremist prisoners will be forced to be more cautious when carrying out opposition activities. Those who are hesitant to seek safety will not easily risk participating in opposition and have to suffer a new punishment. This is an important legal basis that allows us to build a politically healthy group of prisoners, better protect prison security as well as further strengthen prisoners' right to security.

3.1.1.3. Research to improve current procedural rules , including research to establish special procedural rules if necessary to ensure that acts of torture will be investigated, prosecuted and tried promptly and strictly. This is because, as in any country in the world, the perpetrators of torture in Vietnam are often the ones conducting the proceedings, while

Investigation, prosecution and trial are also carried out by the prosecution agencies, so it is inevitable that there will be cases of intentional delay and cover-up for violators. At the same time, research and perfect legal regulations and mechanisms to ensure the protection rights of victims and witnesses of torture.

3.1.2. Perfecting the legal system for the execution of prison sentences

3.1.2.1. The issue of allowing lawyers to participate in protecting the legitimate rights of prisoners during the execution of their sentences

The legal system is the most important factor determining the effectiveness of the execution of prison sentences. A complete legal system means ensuring the institutionalization of the Party and State's policies on the organization and tasks, powers and responsibilities of the subjects in the field of execution of prison sentences in particular and execution of criminal sentences in general.

In the process of researching the topic, the author found that currently, the Penal Code, Criminal Procedure Code, and the Law on Enforcement of Criminal Judgments do not stipulate principles or specific Articles, and do not mention the issue of participation of Lawyers in the stage of executing prison sentences.

According to the provisions of Articles 56 and 58 of the Criminal Procedure Code, lawyers and defense counsels of detainees, suspects and defendants participate in the proceedings from the time of prosecution. In cases of emergency arrest, arrest of people caught red-handed or wanted, lawyers are present from the time of the decision to detain. In cases where it is necessary to keep the investigation secret for crimes against national security, the Chief Prosecutor of the People's Procuracy decides to allow lawyers to participate in the proceedings from the end of the investigation,... Lawyers are obliged to use all measures prescribed by law to clarify the circumstances that determine the innocence of detainees, suspects and defendants, and the circumstances that mitigate the criminal responsibility of suspects and defendants.

The issue here is the rights and legitimate interests of prisoners during the process of serving prison sentences in prison, can lawyers participate in protecting them or not? There are two different views on the debate on the participation of lawyers in protecting the legitimate rights of prisoners. There is a view that the provisions of the law stop at the level of allowing lawyers to only participate in protecting the legitimate rights of detainees, defendants, and accused persons, which is enough. The protection of the legitimate rights of prisoners belongs to the agencies that organize the execution of prison sentences. So which agencies specifically? Which legal documents are stipulated in? In fact, it has only been mentioned in individual documents and is mainly the "self-protection" of prisoners expressed through the right to complain, denounce and make recommendations of the Procuracy during the process of inspecting the execution of prison sentences. The author believes that the execution of criminal sentences, including the execution of prison sentences, is a stage of Vietnamese criminal proceedings. Prisoners are both the subject and the object of management participating in this stage. Therefore, like detainees, defendants, and accused, in addition to protecting their own legitimate rights, prisoners must have the right to invite lawyers to defend them according to the Constitution and the law. Allowing and ensuring lawyers to participate in protecting the legitimate rights of prisoners not only expands democratic principles in the execution of criminal sentences but also improves the efficiency and quality of the organization of the execution of prison sentences in current prisons, strengthening socialist legality. to ensure the legitimate rights of prisoners.

In our country, in recent years, the organization of the execution of prison sentences has achieved many remarkable results. The legal rights of prisoners are recorded in legal documents and are guaranteed in practice. This is one of the basic reasons leading to prisoners being assured in serving their sentences, the situation of prisoners violating prison regulations, prisoners escaping from prison has decreased significantly, the situation of prisoners being sick and exhausted is basically

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