In what cases may a convict have the sentence deferred? What are the procedures for postponement of serving of prison sentence in Vietnam?
In what cases may a convict have the sentence deferred?
According to the provisions of Article 67 of the 2015 Criminal Code of Vietnam, the following cases are entitled to deferment of imprisonment sentences:
- A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:
+ A convict suffering from a serious disease may have the sentence deferred until he/she recovers;
+ A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;
+ If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;
+ A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.
- During the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 hereof.
Thus, a person sentenced to imprisonment might have the sentence deferred in the following cases:
+ A convict suffering from a serious disease
+ A convict who is a pregnant woman or raising a child under 36 months of age
+ If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship
+ A person convicted of a less serious crime.
In what cases may a convict have the sentence deferred? What are the procedures for postponement of serving of prison sentence in Vietnam? (Image from the internet)
What are the procedures for postponement of serving of prison sentence in Vietnam?
Pursuant to the provisions of Article 24 of the 2019 Law on Execution of Criminal Judgments in Vietnam:
Procedures for postponement of the serving of a prison sentence
1. For a person sentenced to prison who is on bail, the chief judge of the court which has issued the judgment execution decision may himself/herself or at the written request of the sentenced person or the written request of the same-level procuracy, the criminal judgment execution agency of the district-level police office of the place in which such person resides or the criminal judgment execution agency of the military zone in which such person works or resides, issue a decision to postpone the serving of the sentence. Such written requests must be addressed to the court which has issued the judgment execution decision and enclosed with related papers.
2. Within 7 days after receiving a written request for postponement of the serving of a prison sentence, the chief judge of the court which has issued the judgment execution decision shall consider it and make a decision. In case of non-approval for the request, the chief judge of the court shall give a written reply to the entity that made the request and a notice to the same-level procuracy, providing explanation in writing.
3. Within 3 working days after issuing a decision to postpone the serving of a prison sentence, the issuing court shall send the decision to the following individuals and agencies:
a) The person whose sentence is postponed and his/her representative if such person is under 18 years of age;
b) The same-level procuracy;
c) The criminal judgment execution agency of district-level police office or of military zone where the person whose sentence is postponed resides or works;
d) The Department of Justice of the province where the issuing court is based;
dd) Ministry of Foreign Affairs in a case where the person whose sentence is postponed is a foreigner.
Thus, the procedures for postponement of the serving of a prison sentence are carried out in accordance with the above provisions.
When is the decision to postpone the serving of prison sentences executed?
Pursuant to the provisions of Article 25 of the 2019 Law on Execution of Criminal Judgments in Vietnam:
- Upon receiving a court decision to postpone the serving of the sentence, the criminal judgment execution agency of the district-level police office or the criminal judgment execution agency of the military zone shall stop carrying out procedures for sending the sentenced person to serve his/her sentence, send a copy of the decision to postpone the serving of the prison sentence to the People’s Committee of commune where the person whose sentence is postponed resides or the military unit which is authorized to control such person and establish dossier of execution of decision to postpone the serving of the prison sentence.
At the same time, within 3 working days after receiving the decision to postpone the serving of the prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall summon the person whose sentence is postponed to the People’s Committee of commune where such person resides or the military unit which manages such person is based to give him/her the decision and require him/her to make a written commitment to strictly comply with law.
The person whose prison sentence is postponed must present himself/herself as indicated in the subpoenas, except for force majeure events or objective hindrance. If the person whose prison sentence is postponed fails to make such a commitment, the criminal judgment execution agency of district-level police office or of military zone shall make a report and notify the court which has issued the decision to postpone the serving of the prison sentence to take actions within their authority.
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