Vietnam: What are the types of crimes subject to life imprisonment? How many years' imprisonment is the maximum commutation of sentence for a person who is only sentenced to life imprisonment?
- What are the types of crimes subject to life imprisonment in Vietnam?
- How many years' imprisonment is the maximum commutation of sentence for a person who is sentenced to life imprisonment in Vietnam?
- In Vietnam, if an offender whose sentence is commuted from death to life imprisonment, how many years’ imprisonment in reality is served by him/her after the commutation of the sentence?
What are the types of crimes subject to life imprisonment in Vietnam?
Under the provisions of Point d, Clause 1, Article 9 of the Criminal Code 2015 (amended by Clause 2, Article 1 of the Law on Amendments to Criminal Code 2017):
Classification of crimes
1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:
a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;
b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;
c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;
d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.
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Thus, extremely serious crimes shall be subject to life imprisonment. In other words, life imprisonment shall be imposed for crimes whose danger to society is enormous.
Note: Life imprisonment shall not be imposed on a person aged under 18 who commits extremely serious crime (Article 39 of the Criminal Code 2015)
How many years' imprisonment is the maximum commutation of sentence for a person who is sentenced to life imprisonment in Vietnam?
Under the provisions of Clause 2, Article 63 of the Criminal Code 2015:
Commutation of sentence
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.
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Thus, Vietnamese law does not specify the number of years' imprisonment to be commutated for a person sentenced to life imprisonment.
However, when the sentence is commutated, 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.
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.
In Vietnam, if an offender whose sentence is commuted from death to life imprisonment, how many years’ imprisonment in reality is served by him/her after the commutation of the sentence?
Under the provisions of Clause 6, Article 63 of the Criminal Code 2015:
Commutation of sentence
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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.
Thus, an offender who is sentenced to death and whose sentence is commuted to life imprisonment, even though his/her sentence is commuted many times, must serve the sentence for at least 30 years in reality.
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