What is a suspended sentence in Vietnam? What are the conditions for persons sentenced to prison to enjoy suspended sentences?
What is a suspended sentence in Vietnam?
Article 65 of the 2015 Criminal Code of Vietnam provides for suspended sentences as follows:
Suspended sentences
1. Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give a suspended sentence with a probation period of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem unnecessary.
2. During the probation period, the convict shall be supervised and educated by the organization or agency for which he/she works or the local authority. The family of the convict has the responsibility to cooperate with such agency or organization or the local authority in supervising and educating him/her.
3. The court may impose additional sentences upon the convict if provided for by the applied provision of law.
4. After the convict has completed half the duration of the probation and shows improvements, at the request of the supervising agency/organization, the Court shall consider reducing the probation period.
5. During the probation period, if the convict deliberately fails to fulfill his/her obligations twice or more as prescribed by the Law on criminal sentence execution, the Court might require him/her to serve the sentence. If the convict commits a new crime, the Court shall force him/her to serve a combined sentence of the suspended sentenced and the new sentence as prescribed in Article 56 hereof.
Thus, according to the above provisions, a suspended sentence is a court penalty for a person sentenced to imprisonment for not more than 3 years who has good records and has many mitigating circumstances.
What is a suspended sentence in Vietnam? What are the conditions for persons sentenced to prison to enjoy suspended sentences? (Image from the Internet)
What are the conditions for persons sentenced to prison to enjoy suspended sentences?
In Article 2 of Resolution 02/2018/NQ-HDTP as amended and supplemented by Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP stipulating the conditions for persons sentenced to prison to enjoy suspended sentences as follows:
Conditions for persons sentenced to prison to enjoy suspended sentences
A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:
1. Being sentenced to imprisonment for not more than 03 years.
2. The person sentenced to prison has a personal identity that, apart from this crime, the offender abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.
a) For a person who has been convicted but is considered to have no criminal record, who is convicts but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined according to the provisions of law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;
b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;
c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, they may also enjoy suspended sentences.
3. There are 02 or more extenuating circumstances of penal liability, including at least 01 extenuating circumstance of penal liability specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstance of criminal liability specified in Clause 1, Article 52 of the Penal Code.
In case there are aggravating circumstances for penal liability, the number of extenuating circumstances for penal liability must exceed the number of aggravating circumstances for penal liability by 02 or more, including at least 01 mitigating circumstance of criminal liability specified in Clause 1, Article 51 of the Penal Code.
4. Having a clear place of residence or a stable workplace for supervision and education by a competent agency or organization.
A place of obvious residence is a place of temporary or permanent residence with an address specified in accordance with the Law on Residence where the person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.
A stable workplace is a place where the offender works for a term of 1 year or more under a labor contract or under a decision of a competent agency or organization.
5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-rehabilitation and serving them suspended sentences does not pose a danger to society; does not adversely affect security, social order and safety.
Thus, a person sentenced to prison is entitled to a suspended sentence if he/she fully meets the following conditions:
- Imprisonment for not more than 3 years.
- The person sentenced to prison has a personal identity that, apart from this crime, the offender has complied with the policies and laws and fully fulfilled the obligations of citizens in the place of residence or work.
- There are 02 or more extenuating circumstances of criminal liability;
- Having a clear place of residence or a stable place of work for the competent agency or organization to supervise and educate.
- Considering that there is no need to impose a prison sentence
Will the person entitled to a suspended sentence be deprived of some citizenship rights?
Pursuant to Article 44 of the 2015 Criminal Code of Vietnam on deprivation of certain citizenship rights as follows:
Deprivation of certain citizenship rights
1. A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this document shall have one or some of the following citizenship rights derived of:
a) The right to nominate oneself for a post in the authorities;
b) The right to work in regulatory agencies and serve in the people's army.
2. The duration of citizenship right deprivation is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the convict given a suspended sentence.
Thus, a person who is entitled to a suspended sentence will be deprived of a number of citizenship rights, if he commits a crime as prescribed in the 2015 Criminal Code of Vietnam, he or she will be deprived of a number of citizenship rights.
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