What are the rules for punishing crimes for criminals in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What are the rules for punishing crimes for criminals in Vietnam?

According to the provisions of Clause 1, Article 3 of the Penal Code 2015, amended in 2017, rules for punishing crimes for criminals include:

- Every crime committed by a person must be discovered promptly and dealt with quickly and fairly in compliance with law;

- All criminals are equal before the law regardless of gender, ethnicity, belief, religion, social class or social status;

- Instigation of crimes, masterminds or obstinacy, gangster-like crimes, dangerous recidivism, abuse of positions or power to commit criminal offences shall be strictly punished;

- Criminal offences committed by employment of deceitful methods; in an organized manner, in a professional manner, or with intent to inflict extremely serious consequences shall be strictly punished.

Leniency shall be showed towards criminals who turn themselves in; show cooperative attitudes; inform on accomplices; made reparation in an effort to atone for their crimes; cooperate with responsible for authorities in discovery of crimes or during the case; express contrition; voluntarily compensate for damage they inflict;

- A person who commit a less serious crime for the first time may serve a community sentence (mandatory supervision by family or an organization);

- People sentenced to imprisonment shall serve their sentences at prisons and must improve themselves to become effective and productive citizens; commutation or conditional parole shall be granted to people who satisfy conditions set out in this document;

- People who have served their sentences are enabled to live and work honesty and fit into society; criminal records shall be expunged when all conditions are satisfied.

Thus, the principles both ensure the strictness of the law, deter and punish criminals, and encourage repentance and reintegration to limit the risk of recidivism. In addition, the above principles also demonstrate transparency and leniency when there are appropriate extenuating circumstances according to the provisions of the law.

2. What are the regulations on sentences against criminals in Vietnam?

According to the provisions of Article 32 of the Penal Code 2015, the sentences against criminals are as follows:

- Primary sentences:

+ Warning;

+ Fine;

+ Community sentence;

+ Expulsion;

+ Determinate imprisonment;

+ Life imprisonment;

+ Death sentence.

- Additional sentences:

+ Prohibition from holding certain positions or doing certain works;

+ Prohibition from residence;

+ Mandatory supervision;

+ Deprivation of certain citizenship rights;

+ Confiscation of property;

+ Fine if no administrative penalties are imposed;

+ Expulsion if no administrative penalties are imposed.

- The offender shall incur only one primary sentence for a crime committed and possibly one or more additional sentences

Thus, the offender may be subject to the main penalty and additional penalties. However, for each crime, the offender can only be subject to one main penalty, but may be combined with one or more additional penalties depending on the nature and severity of the crime.

3. What are the basis for decision on sentences in Vietnam?

According to the provisions of Article 50 of the Penal Code 2015, the basis for decision on sentences in Vietnam include:

- The Court shall issue the decision on sentences pursuant to this document and in consideration of the nature and danger of the crime to society, record of the offender, mitigating factors and aggravating factors. (*)

 When imposing a fine, apart from the basis specified in (*), the Court shall also consider the offender's property and ability to pay the fine.

Thus, the Court must fully base on the provisions of the Penal Code, the the nature and danger of the crime to society, record of the offender, mitigating factors and aggravating factors to decide on the right sentences.

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