What are the regulations on cases of pardon on the special occasion of National Day - September 2, 2024, under Decision 758 on pardon in Vietnam?
What are the regulations on cases of pardon on the special occasion of National Day - September 2, 2024, under Decision 758 on pardon in Vietnam?
Pursuant to Article 5 of Decision 758/2024/QD-CTN, the regulation on pardon on the occasion of National Day September 2, 2024, is as follows:
The Government of Vietnam, in cooperation with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies and organizations, shall prepare the dossiers of individuals considered for pardon as per Articles 22 and 23 of the pardon Law 2018 to submit to the President for consideration and decision.
What are regulations on cases of pardon in special occasion of National Day - September 2, 2024, under Decision 758 on pardon in Vietnam? (Image from the Internet)
What are the 15 cases ineligible for consideration for pardon on the occasion of National Day - September 2, 2024 in Vietnam?
Pursuant to Article 4 of Decision 758/2024/QD-CTN, the regulation on cases ineligible for consideration for pardon (15 cases ineligible for consideration for pardon on September 2, 2024) is as follows:
Individuals eligible under Article 3 of Decision 758/2024/QD-CTN shall not be considered for pardon (15 cases ineligible for consideration for pardon on the occasion of National Day September 2, 2024) if they fall under the following categories:
(1) Sentenced to prison for offences such as treason; activities to overthrow the people's government; espionage; infringement of territorial security; rebellion; terrorism against the people's government; destruction of material and technical facilities of the Socialist Republic of Vietnam; fabricating, storing, disseminating, or propagandizing information, documents, or items against the State; disrupting security; sabotage of detention facilities; terrorism or any of the offences stipulated in the Chapter on crimes against peace, against humankind, and war crimes of the Criminal Code.
(2) The sentence or part of the sentence or court decision concerning the individual is under cassation or re-investigation procedures aimed at increasing criminal liability.
(3) Being prosecuted for other criminal acts.
(4) Previously granted pardon.
(5) Having two or more prior convictions.
(6) Remaining prison term exceeding six years for individuals under Clauses 1 and 2, Article 3 of Decision 758/2024/QD-CTN and over eight years for those under Clauses 3 and 4, Article 3 of Decision 758/2024/QD-CTN.
(7) Sentenced to prison for very serious or particularly serious crimes against national security, except as provided in (1).
(8) Committed murder of two or more persons; organized murder or murder with hooliganism; conducted barbaric crimes; causing injury with clear organization or hooliganism; committed multiple times against one person or one time against multiple persons; using dangerous acid or chemicals; incestuous rape; child rape (under Criminal Code 1999); rape of a person under 16 years; trafficking, swapping, or appropriating children (under Criminal Code 1999); trafficking a person under 16 years; swapping a person below 01 year; appropriating a person under 16 years; armed robbery; robbery or theft causing serious, very serious, or particularly serious consequences (under Criminal Code 1999); or organized robbery, robbery, or causing serious social harm; obstructing law enforcement causing serious consequences (under Criminal Code 1999); organized obstruction or recidivist or solicitation, luring, inciting others to commit crimes; multiple robbery, robbery, theft (two or more times).
(9) Drug-related crimes or robbery, or kidnapping for ransom with a remaining prison term over 01 year for sentences of less than 07 years, over 02 years for sentences from 07 to 15 years, or over 03 years for sentences over 15 years or life imprisonment.
(10) Intentional crimes against life, health, dignity, honor under the Chapter on crimes against the person of Criminal Code 2015 with a remaining prison term over 02 years for sentences from 10 to 15 years, or over 03 years for sentences over 15 years or life imprisonment.
(11) Masterminds, leaders, commanders in organized crime; using cunning methods, resisting in organized crimes; professional criminals.
(12) Proven illegal use of drugs.
(13) Sentenced to prison for three or more crimes, or two or more intentional crimes, including total sentencing.
(14) One prior conviction with intentional conviction thereafter.
(15) Previously sentenced, including those with expunged records or sent to compulsory education, including past institutions or reformatory schools, for crimes including drug-related; murder; armed robbery; robbery; fraud to appropriate property; theft; kidnapping for ransom; obstruction of public officials' duties; women trafficking (under Criminal Code 1985); human trafficking; public disturbances; receiving criminal property; heavy lending (under Criminal Code 1999); or heavy lending in civil exchanges; organizing, brokering illegal immigration, residence in Vietnam.
05 Prohibited Acts in pardon in Vietnam
Pursuant to Article 7 of pardon Law 2018, 05 prohibited acts in pardon in Vietnam include:
(1) Misusing one's position, power for recommending pardon for ineligible persons; not recommending pardon for eligible persons; obstructing convicted individuals from exercising the right to recommend pardon.
(2) Bribery, accepting bribes, mediating for bribes, or harassing in the process of pardon.
(3) Issuing, confirming documents related to those considered for pardon contrary to legal regulations.
(4) Refusing to issue, confirm documents that according to the law, those considered for pardon must be issued, confirmed.
(5) Forging documents related to those considered for pardon.
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