10/05/2022 15:48

New: Resolution 01/2022/NQ-HDTP adding conditions to enjoy suspended sentence

New: Resolution 01/2022/NQ-HDTP adding conditions to enjoy suspended sentence

Today, Resolution 01/2022/NQ-HDTP dated April 15, 2022 amending and supplementing a number of articles of Resolution 02/2018/NQ-HDTP guiding suspended sentences is issued by the Council of Judges of the People's Court in VietNam. Supremely promulgated officially into force.

Accordingly, additional conditions for persons sentenced to prison in Vietnam to enjoy suspended sentences are as follows:

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 sentenced 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 according to the provisions of 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 circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met 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. 

In addition, Resolution 01/2022/NQ-HDTP also amends and supplements a number of regulations as follows:

Regulations on cases in which a suspended sentence is not allowed

Offenders are tried at the same time for many crimes, except for one of the following cases:

- The offender is a person under the age of 18;

- Offenders are tried and convicted for 02 crimes, both of which are less serious crimes or the offender is an aide in the case of accomplices with an insignificant role. (Currently, this is not excluded).

Determination of the term of imprisonment for convicts who have been held in custody or temporary detention

The time spent in custody or temporary detention of a convict but given a suspended sentence shall not be deducted from the term of imprisonment to determine the probation period. In case during the probation period, if they commit a new crime or violate the obligation to serve the prison sentence of the suspended sentence, when handling the court, except for the time they have been held in custody or temporary detention. at the time of serving the prison sentence of a suspended sentence or a new sentence.

In case the person entitled to a suspended sentence is forced to serve the prison sentence of the suspended sentence because he intentionally violates his/her obligations

- A person entitled to a suspended sentence may be forced by the Court to serve the prison sentence of the suspended sentence if, during the probation period, intentionally violates his/her obligations as prescribed in Article 87 of the Law on Judgment Execution. criminally 2 or more times.

- Violations of obligations twice or more in case the person serving a suspended sentence leaves his/her residence without permission shall be determined as follows:

During the probation period, if the person serving a suspended sentence leaves the place of residence without permission, the competent authority shall, based on Articles 87, Article 91 and Article 92 of the Law on Execution of Criminal Judgment, make a record of breach of obligation. , reminding this person for the first time and summoning this person to continue executing the sentence, but they are still not present according to the summons, so the competent agency organizes a review of his absence and makes a record of his absence. This case is determined to be the first violation of the obligation.

Pursuant to Article 93 of the Law on Criminal Judgment Execution, the competent authority continues to summon the person entitled to the suspended sentence but this person is still not present, so a second reminder will be made in the minutes. The competent authority continues. summon the person entitled to a suspended sentence, if this person is still not present, make a record to confirm the absence. This case is considered the second breach of obligation.

Resolution 01/2022/NQ-HDTP takes effect from May 10, 2022.

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