What is a suspended sentence? Conditions for receiving a suspended sentence in 2022? Can a person with a suspended sentence continue to work?
What is a suspended sentence?
According to Article 1 of Resolution 02/2018/NQ-HDTP of Vietnam stipulating the concept of suspended sentences specifically as follows:
Suspended sentences
A suspended sentence is a measure of exemption from serving a conditional prison sentence, applied by the Court to offenders sentenced to imprisonment for not more than 3 years, based on the offender's identity and mitigating circumstances, considering that there is no need to force them to serve a prison sentence.
According to that, a suspended sentence is a measure of exemption from serving a conditional prison sentence, which is applied by the Court to offenders sentenced to imprisonment for not more than 3 years, based on the offender's identity and mitigating circumstances, considering that there is no need to force them to serve a prison sentence.
Based on the above provisions, it can be seen that the suspended sentence is not a penalty but a measure of exemption from the execution of a conditional prison sentence, applicable to persons sentenced to imprisonment for not more than 3 years.
Pursuant to Article 65 of the Criminal Code 2015 of Vietnam on suspended sentences as follows:
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 sentence and the new sentence as prescribed in Article 56 hereof.
What is a suspended sentence? Conditions for receiving a suspended sentence in 2022? Can a person with a suspended sentence continue to work?
What conditions must be met in order to receive a suspended sentence?
According to the provisions of Article 2 of Resolution 02/2018/NQ-HDTP of Vietnam (This is supplemented by Point b, Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP of Vietnam and Clause 2 of this Article is amended by Point a Clause 1 Article 1 of Resolution 01/2022/NQ-HDTP of Vietnam) stipulating the conditions for persons sentenced to imprisonment to receive suspended sentences, specifically as follows:
A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:
(1) Being sentenced to imprisonment for not more than 3 years.
(2) The person sentenced to prison has the identity that, in addition to this crime, the offender abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.
- For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined but up to the date of The offender this time has passed the time limit and is considered to have not been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the newly committed crime falls under the following circumstances: less serious or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;
- For convicts who, when determining crime, have used the "disciplinary" or "administratively sanctioned" or "convicted" circumstances and meet other conditions, may also serve a suspended sentence;
- For convicts whose cases are separated to be resolved in different stages (separated into many cases) and meet other conditions, they may also serve suspended sentences.
(3) There are 02 or more extenuating circumstances, including at least 01 extenuating circumstances of criminal liability specified in Clause 1, Article 51 of the Criminal Code and no aggravating circumstances of criminal liability specified in Clause 1, Article 52 of the Criminal Code.
In case there are aggravating circumstances for penal liability, the number of extenuating circumstances of criminal liability must be greater than the number of aggravating circumstances of criminal liability by 02 or more, including at least 01 extenuating circumstance of criminal liability specified in Clause 1, Article 51 of the Criminal Code.
(4) Having a clear place of residence or a stable workplace for supervision and education by a competent agency or organization.
A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.
A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.
(5) Considering that there is no need to impose a prison sentence if the offender is capable of self-rehabilitation and the provision of a suspended sentence does not pose a danger to society; not adversely affect security, social order and safety.
(6) When considering and deciding to give the defendant a suspended sentence, the Court must carefully and closely consider the conditions to ensure that the suspension is in accordance with the law, especially for cases where the sentence is suspended accordance with the guidance in Clauses 2, 4 and 5, Article 3 of this Resolution.
Can a person with a suspended sentence be able to work?
Pursuant to the provisions of Article 88 of the Law on Execution of Criminal Judgment 2019 of Vietnam, specifically as follows:
Work and learning of persons serving suspended sentences
1. If a person serving a suspended sentence who is an official, public employee, commissioned officer, professional soldier, non-commissioned officer, soldier, defense worker, public security worker or another employee, is allowed to continue working at that workplace, he/she shall be given a job which meets supervision and education requirements, receive a pay and other benefits suitable to the job he/she performs, and this working duration shall be included in his/her working or service time under law.
2. If a person serving a suspended sentence is admitted to study in a compulsory education institution or vocational education institution, he/she may benefit from the policies of such institution.
3. A person serving a suspended sentence not falling under any case prescribed in Clause 1 and Clause 2 of this Article may be enabled to find a job by the People’s Committee of commune in charge.
4. A person serving a suspended sentence who is eligible for preferences under the law on preferential treatment towards persons with meritorious services to the revolution or for social insurance benefits is still entitled to such benefits and policies as per the law.
According to the above regulations, the law not only allows people serving suspended sentences to work, but also creates conditions for them to find jobs at their places of residence.
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