Competence temporary suspension of the imprisonment sentence

Question:

About competent temporary suspension of the imprisonment sentence now the Code of Criminal Procedure and the Penal Law enforcement rules are different. Then apply the provisions of the criminal law or criminal law enforcement?

Answer:

Under the provisions of paragraph 3 of Article 181 of the criminal law enforcement is "Since the effective date of this Act, the provisions of the Criminal Code, the Criminal Procedure Code for the implementation of the death penalty, execution imprisonment, execution suspended, warning execution, execution of non-custodial sentence, expulsion execution, execution probation, residence ban, ban from holding certain posts, practicing certain occupations or doing certain jobs have different content with this Law shall apply the provisions of this act "; therefore, from the date of enforcement of the criminal law has come into effect (date 01-7-2011), the competent authority to consider and decide on a temporary suspension of the imprisonment sentence was carried out under the provisions of paragraph 3 and paragraph 4 of Article 31 of the criminal law enforcement; namely:

"3. Within 07 days from the date of receipt of the application for a temporary suspension of the imprisonment sentence, Chief Judge of the Provincial Court, the military court area where inmates are serving to consider and decide regulations.

4 The temporary suspension of the imprisonment sentence according to the procedure for trial of cassation or reopening must be made by the protestant or the Court of cassation or reopening decisions ".