JUDGMENT EXECUTION IS STILL ORGANIZED EVEN WHEN THE SUMMONED PERSON IS INTENTIONAL ABSENCE
This content is prescribed by the Government in the Decree No. 55/2020/ND-CP on detailing a number of articles of the Law on Execution of Criminal Judgments regarding judgment execution against commercial legal persons on May 22, 2020.
Accordingly, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must send a written summon to the legal representative of the commercial legal person to notify and request a judgment execution.
In case the summoned person cannot be present according to the request for summoning due to the force majeure reasons or objective disincentives, he/she must report in writing and such absence must be approved in writing by the criminal judgment execution agency. In such case, the criminal judgment execution agency may postpone the working session to another time but must not exceed 10 days from the date on which the judgment execution decision is received.
Noticeably, in case the summoned person intentionally does not show up within the time limit for the summoning, the criminal judgment execution agency shall make a record of the absence and continue to carry out the judgment execution.
In addition, within 03 working days from the date on which the judgment execution decision is received, the criminal judgment execution agency must prepare a judgment execution file for each commercial legal person.
This Decree takes effect on July 15, 2020.
