08/07/2022 14:46

15 cases ineligible for amnesty in Vietnam

15 cases ineligible for amnesty in Vietnam

On July 4, 2022, the Office of the Government of Vietnam issued Decision 766/2022/QD-CTN dated July 1 on amnesty in 2022.

According to the Decision, 15 cases are ineligible for amnesty in Vietnam, including:

1. Persons sentenced to imprisonment for treason to the Fatherland; crimes of activities aimed at overthrowing the people's administration; espionage; crimes of infringing upon territorial security; riot offense; crime of terrorism aimed at opposing the people's administration; the crime of destroying the material and technical foundations of the Socialist Republic of Vietnam; crime of making, storing, spreading, or propagating information, documents, or items aimed at opposing the State of the Socialist Republic of Vietnam; security breaching crime; crime of destroying detention facilities, crimes of terrorism; one of the crimes specified in Vietnam's Criminal Code's Chapter on disturbing the peace, crimes against humanity, and war crimes;

2. The Court's judgment, part of the judgment, or decision against that person is being challenged through cassation or reopening procedures in the direction of aggravating criminal liability.

3. Being investigated for criminal liability in connection with another crime

4. Amnesty has already been granted.

5. Having at least two prior criminal convictions

6. A prison sentence of more than six years for the person named in Clauses 1 and 2 of Article 3; a prison sentence of more than eight years for the person named in Clauses 3 and 4 of Article 3 of Decision 766/2022/QD-CTN.

7. Being imprisoned for very serious or particularly serious crimes affecting national security, except in the cases specified in Clause 1, Article 4 of Decision 766/2022/QD-CTN;

 8. Committing a heinous crime or a hooligan or organized murder;

Intentionally causing organized or hooligan injury or committing multiple crimes against one person or one time against many people; using dangerous acids or dangerous chemicals;

Rape of an incestuous nature

Rape of children or rape of persons under the age of 16 (according to the Criminal Code 1999); trading, exchanging, or kidnapping children (according to Vietnam's Criminal Code 1999);

trafficking in people under the age of 16 or swapping people under the age of 18 or appropriating people under the age of 16 years of age; robbing property with the use of weapons;

Robbing, stealing property in an organized manner, instigating, enticing, or inciting others to commit crimes, or committing the crime twice or more, causing serious, very serious, or particularly serious consequences against official duty performers, or committing the crime twice or more, causing serious consequences, instigating, enticing, or inciting others to commit crimes

Multiple property robberies (at least two);

9. Committing a drug-related crime, robbery, or kidnapping to appropriate property with a remaining prison term of more than one year for a person sentenced to less than seven years in prison, more than two years for persons sentenced to between seven and fifteen years in prison, or more than three years for persons sentenced to more than fifteen years in prison;

10. Willfully committing one of the crimes specified in the Criminal Code's Chapter of crimes infringing on a person's life, health, dignity, and honor, but with a remaining prison term of more than two years or a remaining imprisonment term of over 3 years for persons sentenced to imprisonment of more than 15 years or life imprisonment;

11. The instigator, leader, or commander in an organized crime case; users who employ devious tactics and persistently oppose organized crime cases; offenders are of a professional nature;

12. There are grounds for illegally using narcotics.

13. Being sentenced to imprisonment for committing three or more crimes or intentionally committing two or more crimes, including cases of combined penalties.

14. Having acriminal record and a prison sentence for an intentional crime

15. Having been sentenced to imprisonment, including those whose criminal records have been expunged or have been sent to a compulsory educational institution, including an educational institution before, or having been sent to a reformatory without being sentenced to imprisonment for one of the following crimes: drug-related, murder, property robbery; property robbery; property appropriation; fraudulent appropriation of assets; property theft; kidnapping for the purpose of appropriating property; against people performing official duties; trafficking in women (under the Criminal Code 1985) or human trafficking; disturbing public order; consuming property acquired by another person committing a crime; lending at high interest (under the Criminal Code 1999)

Decision 766/2022/QD-CTN takes effect from the date of signing.

Nhu Y
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