Decree No. 64/2011/ND-CP dated Hanoi, July 28, 2011 of the Government stipulating the execution of the measure of compulsory medical treatment

THE GOVERNMENT ISSUED THE DECREE ON THE MEASURE OF COMPULSORY MEDICAL TREATMENT

On July, 28, 2011, the Government issued the Decree No. 64/2011/ND-CP stipulating the execution of the measure of compulsory medical treatment in accordance with the Penal Code; the Criminal Procedure Code and the Law on Execution of Criminal Judgments.

Accordingly, at the stage of investigation, if suspecting that a person having committed an act dangerous to the society has no penal liability capacity defined in Article 13 of the Penal Code, the investigative agency currently handling the case shall invite mental medical assessment. If the Council for Menial Medical Assessment concludes that such person suffers a mental disease or another disease that deprives him/ her of the perception or act control capacity, the investigative agency currently handling the case shall send a request for application of the measure of compulsory medical treatment together with the assessment conclusion to the same-level procuracy.

If suspecting that a convict who is serving his/her sentence in a prison or detention camp suffers a mental disease or another disease that deprives him/her of the perception or act control capacity, the prison or detention camp superintendent may request the provincial-le\ el people's court or military zone-level military court of the locality in which the prison or detention camp is located to invite mental medical assessment of such person and decide on the application of the measure of compulsory medical treatment.

Also according to this Decree, the compulsory mental disease treatment establishment designated by the procuracy or court shall receive the person subject to compulsory medical treatment and his/her file, and make a record of his/her receipt. The agency responsible for sending the person to the compulsory mental disease treatment establishment shall immediately notify his/her relatives thereof. If such person has no relatives or his/her relatives are unidentifiable, it shall notify the sending to the administration of the locality in which such person has registered for permanent or temporary residence.

When a person subject to compulsory medical treatment is fully recovered, the head of the compulsory mental disease treatment establishment shall notify it to the agency that has requested the application of the measure for requesting the Council for Mental Medical Assessment to examine the health conditions of such person. Based on the conclusion of the Council for Mental Medical Assessment on the full recovery of the person subject to compulsory medical treatment, the agency that has requested the application of the measure shall request the procuracy or the court that has issued the decision to apply the measure to issue a decision to terminate the execution of this measure.