How long is the life sentence under the Criminal Code of Vietnam 2022? Do humanitarian policies reduce sentences for people sentenced to life in prison?
How many years in prison for life sentence according to Vietnamese regulations?
Pursuant Article 39 of the Criminal Code 2015 stipulates that life imprisonment is an indefinite prison sentence that is applied to people who commit particularly serious crimes but not yet to the extent of being sentenced to death.
Life imprisonment is not applicable to persons under 18 years of age who commit crimes.
Indefinite here means that when the offender is sentenced to life in prison, he must go to prison for the rest of his life. There is no specific length of time for life imprisonment.
How long is the life sentence under the Criminal Code of Vietnam 2022? Do humanitarian policies reduce sentences for people sentenced to life in prison?
The policy of reducing sentences for offenders subject to life imprisonment?
Our country has humanitarian policies on criminal handling and judgment enforcement for offenders; fully regulated in criminal law documents. Thereby creating favorable conditions for reformed offenders to enjoy leniency policies.
Pursuant to Article 63 of the 2015 Criminal Code, which prescribes the policy of reducing the declared penalty level:
1. If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.
The convict must serve the sentence for a sufficient period of time which is one third of the duration of community sentence or determinate imprisonment or 12 years of the life sentence.
2. A person might receive more than one commutation. Nevertheless, at least half of the sentence must be served.
The first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life sentence must be served for at least 20 years in reality regardless of the number of commutations.
3. If a person is convicted of multiple crimes and the sentence for one of which is life imprisonment, the Court may only give the first commutation to 30-year imprisonment after the convict has served the sentence for 15 years. Nevertheless, he/she must serve the sentence for at least 25 years in reality regardless of the number of commutations.
4. If a person who has received a commutation commits a new crime that is less serious, the Court may only give the first commutation after he/she has served haft of the combined sentence.
5. If a person who has received a commutation commits a new crime that is serious, very serious or extremely serious, the Court may only give the first commutation after he/she has served two thirds of the combined sentence. If the combined sentence is life, commutation shall be considered in accordance with Clause 3 of this Article.
6. With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Point b or Point c Clause 3 Article 40 hereof, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.
Can life imprisonment when the sentence is reduced be released before the time limit in Vietnam?
Pursuant to Clause 1, Article 66 of the Criminal Code 2015 (amended and supplemented by Clause 9, Article 1 of the Law amending the Criminal Code 2017) stipulates:
“Article 66. Conditional parole
1. A person serving an imprisonment sentence (prisoner) for a serious crime, very serious crime or extremely serious crime which has been commuted; a person serving an imprisonment sentence for a less serious crime may be granted parole when all of the following conditions are satisfied:
a) The prisoner does not have prior criminal record;
b) The prisoner shows remarkable improvements;
c) The prisoner has a fixed residence;
d) The prisoner has paid fines, legal costs, and civil compensation in full;
dd) The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment which is commuted to determinate imprisonment.
A prisoner who is a revolutionist, a revolutionist’s relative, wounded soldier, sick soldier, a person aged 70 or older, a person suffering from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment or at least 12 years of life imprisonment which is commuted to determinate imprisonment;
e) The offence is not committed in any of the circumstances specified in Clause 2 of this Article.”
In particular, Clause 2 of this Article, the provisions on early release from prison shall not apply to convicts falling into one of the following cases:
- Persons convicted of one of the crimes of infringing upon national security, crimes of undermining peace, crimes against humanity and war crimes, crimes of terrorism...
- Persons sentenced to death are entitled to commutation or are in the case of non-execution of death sentences.
According to the above provisions, a person sentenced to life imprisonment but whose sentence has been reduced may be released from prison ahead of time if the first offense is committed, has a good sense of reform, etc., and has served the prison sentence for at least 12 years. up to 15 years in prison.
In addition, those who are granted a death sentence reduction to life imprisonment are not allowed to be released from prison early.
Currently, the law does not provide for the Criminal Code 2022. The 2015 Criminal Code (amended and supplemented by the 2017 Criminal Code Amendment Law) is still in effect. Therefore, for your question: "According to the current Criminal Code 2022, how many years is the life sentence?" provisions of the Criminal Code 2015 (amended and supplemented by the Law amending the Criminal Code 2017).
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