Please ask how the law regulates the form and order of execution of the death penalty?
Reply by: hoidapphapluat
Under the provisions of the Law on Execution of Criminal Judgments No. 53/2010 / QH12,
Article 59. Form and order of execution of the death penalty
1. Execution of the death penalty is done by injecting poison. The procedure for administering the lethal injection is regulated by the Government.
2. Before the execution of the sentence, the Council for execution of the death penalty must check the identity, only copies, and curriculum vitae of the executor; In case the judgment executor is female, the Council must check documents related to the conditions for not executing the death penalty in accordance with the Criminal Code.
3. Before being sent to the execution of the death penalty, the judgment executors may eat, drink, write letters or record words and send them to their relatives.
4. The order of execution of the death penalty is as follows:
a) Based on the decision to execute the death sentence and the request of the Chairman of the death penalty execution council, the Judicial Assistance Police or the Judicial Police shall escort the judgment executor to the workplace of the Association. co-execute the death penalty;
b) To comply with the request of the death penalty execution council, professional officers of the People’s Public Security or the People’s Army shall conduct fingerprinting, check the identity, only the copy, compare with records and documents related; take photos, record the process of fingerprinting procedures, check and make a record; report to the death penalty execution council on the examination results;
c) The President of the Council for execution of the death penalty shall announce the judgment execution decision or non-protest decision of the Chief Justice of the Supreme People’s Court and the decision not to protest of the Head of the Supreme People’s Procuracy, decision of the Council of Judges of the Supreme People’s Court not to accept the appeal of the Chief Justice of the Supreme People’s Court or the Head of the Supreme People’s Procuracy, or the President’s decision to reject the application for court amnesty death.
Immediately after the President of the Judicial Execution Council announces the decisions, the Judicial Assistance Police or the Judicial Police are responsible for assigning the above decisions to the judgment executors for self-reading. In case the judgment executor is illiterate, cannot speak Vietnamese or cannot read by himself, the death penalty execution council shall appoint the reader or translate the above decisions for such person. Publication and reading of decisions must be photographed, videotaped, audio-recorded and recorded;
d) At the order of the Chairman of the death penalty execution council, professional officers designated by the provincial criminal judgment enforcement agency or military zone-level criminal judgment enforcement agency to execute the judgment and report report the results to the Council Chairman;
dd) By order of the Chairman of the execution council, the forensic doctor shall determine the condition of the person who has been executed and report the results to the Council;
e) The death penalty execution council shall make a record of judgment execution; to report on the judgment execution process and results to the Supreme People’s Court, the Supreme People’s Procuracy, and criminal judgment enforcement agency. Criminal judgment enforcement agencies Provincial police and military zone-level criminal judgment enforcement agencies shall carry out death procedures at the People’s Committees of communes where judgments are executed;
g / Criminal judgment enforcement agencies of provincial-level police and military-zone-level criminal judgment enforcement agencies shall preserve corpses, organize burial, and draw plans of tombs of persons who have been executed. The People’s Committees of communes where judgments are executed shall have the task of coordinating with the criminal judgment enforcement agencies of the provincial-level police and the military-zone-level criminal judgment enforcement agencies in burying and managing the graves of the victims. judgment execution;
h) Within 03 days from the date of judgment execution, the criminal judgment enforcement agency of the provincial police and the criminal judgment enforcement agency of the military zone shall notify the relatives of the person who has been executed. except the case specified in Clause 1, Article 60 of this Law.
5. Expenses for the organization of the execution of the death penalty shall be covered by the State budget.
You can follow the above rules.
Source: Ministry of Justice web portal