What are the conditions for an offender to be eligible for a suspended sentence in Vietnam? What are the penalties imposed on persons eligible for suspended sentences when committing violations against the regulations on sentence execution?
What are the conditions for an offender to be eligible for a suspended sentence in Vietnam?
Under the provisions of Article 2 of Resolution 02/2018/NQ-HDTP (amended and supplemented by Article 1 of Resolution 01/2022/NQ-HDTP), a person facing imprisonment penalty may be considered for a suspended sentence when the following conditions are met:
- Facing imprisonment penalty of no more than 03 years.
- The convicted person has a background where, apart from the current offense, they comply with policies, and laws, and fulfill all citizen obligations at their place of residence or workplace.
+ For individuals previously sentenced but considered as having no criminal record, those who have had their criminal records expunged, and those who were administratively sanctioned or disciplined but the period for being considered as not administratively sanctioned or disciplined has expired by the time of the new offense, and if the new offense is deemed less serious or the individual is a minor participant in the crime with other sufficient conditions, a suspended sentence may also be granted;
+ For individuals sentenced where the court considered "previous disciplinary action," "administrative sanction," or "previous conviction," and with other sufficient conditions, a suspended sentence may be granted;+ For individuals sentenced where the case is separated for resolution in different stages (split into several cases) and other sufficient conditions, a suspended sentence may be granted.
What are the conditions for an offender to be eligible for a suspended sentence in Vietnam? What are the penalties imposed on persons eligible for suspended sentences when committing violations against the regulations on sentence execution?
What are the cases where the suspended sentence will not be executed in Vietnam?
According to the provisions of Article 3 of Resolution 02/2018/NQ-HDTP (amended and supplemented by Clause 2 Article 1 of Resolution 01/2022/NQ-HDTP), the cases where the suspended sentence will not be executed in Vietnam are as follows:
- The offender is a mastermind, leader, commander, stubbornly resisting, violent, using cunning tricks, acts professionally, exploits their position for profit, or intentionally causes particularly serious consequences.
- The offender escapes and has been issued a warrant or request for a warrant by the prosecution authorities, except in cases where they surrender before the decision to bring the case to trial.
- The person eligible for a suspended sentence commits a new offense during the probation period; the person eligible for a suspended sentence is tried for another crime committed before receiving the suspended sentence.
- The offender is tried for multiple offenses at the same time.
- The offender commits the crime twice or more.
- The offender falls under the case of recidivism or dangerous recidivism.
What are the penalties imposed on persons eligible for suspended sentences when committing violations against the regulations on sentence execution?
Under the provisions of Article 14 of Decree 144/2021/ND-CP regarding administrative penalties for committing violations against the regulations on sentence execution:
Violations against regulations on criminal sentence execution and implementation of administrative measures
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3. A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for any of the following violations:
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d) The person who is given a suspended sentence fails to be present when being summoned by the sentence execution authority or the People’s Committee of the commune;
dd) The person who is given a suspended sentence fails to make a commitment to serve the sentence;
e) The person who is given a suspended sentence fails to be present at the disciplinary meeting; fails to report the serving of the sentence;
4. A fine ranging from 3.000.000 VND to 4.000.000 VND shall be imposed for any of the following violations:
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dd) The person who is given a suspended sentence leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;
e) The person who is given a suspended sentence changes his/her place of residence without the consent of the competent authorities;
Additionally, Article 65 of Criminal Code 2015 specifies violations against the regulations on sentence execution for those on a suspended sentence:
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, in addition to administrative penalties, 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.
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