15/07/2023 17:03

What is imprisonment? What are the methods to the term of imprisonment in Vietnam?

What is imprisonment? What are the methods to the term of imprisonment in Vietnam?

What are the methods to the term of imprisonment in Vietnam? What is the term of imprisonment for case of combination of sentences of multiple judgments? _Duy Lam (Lam Dong)

Hello, Lawney would like to answer the following:

1. What is imprisonment?

Imprisonment means the most severe coercive measure of the State; prescribed in Article 30 of the Penal Code 2015; taken by the Court against a person or corporate legal entity that commits a crime in order to deprive of or limit their rights and/or interests.

Imprisonment is a form of punishment "depriving the convict of liberty"; forcing them to be isolated from social life for a certain period of time. Convicted persons must serve their punishments in prisons; must comply with a regime of working life and re-education of the prison.

2. Forms of imprisonment according to the provisions of the Penal Code

Determinate imprisonment

Determinate imprisonment is specified in Article 38 of the Penal Code 2015 specifically:

- Determinate imprisonment means forcing the convict to serve his/her sentence in a detention facility over a certain period of time.

The duration of determinate imprisonment imposed upon an offender is from 03 months to 20 years.

The duration of temporary detention shall be deducted from the imprisonment duration; 01 day of temporary detention equals (+) 01 day in prison.

- Determinate imprisonment shall not be imposed upon a person who commits a less serious crime for the first time and has a fixed residence.

Life imprisonment

Life imprisonment in accordance with Article 39 of the Penal Code 2015 is as follows:

- Life imprisonment is an indefinite imprisonment imposed upon people committing extremely serious crimes but not punishable by death.

- Life imprisonment shall not be imposed upon offenders under 18 years of age (hereinafter referred to as juvenile offenders).

Thus:

+ For determinate imprisonment, the prison sentence frame varys from 3 months to 20 years.

+ For life imprisonment, the prison sentence frame; is not fixed because this is an indefinite prison. The prison sentence frame is calculated from the time that person serves the prison sentence; until the person is granted amnesty or pardon, the term of imprisonment is reduced, or when that person dies...

3. Methods to the term of imprisonment in Vietnam

In the case where person is tried for multiple crimes

According to the provisions of Article 55 of the Penal Code 2015, when a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

- Primary sentence:

+ If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;

+ If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (+) 01 day's imprisonment.

+ If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;

+ If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;

+ Fines shall be aggregated and shall not be combined with other sentences;

+ Expulsion shall not be combined with other sentences;

- Additional sentence:

+ If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

+ If the sentences imposed are of various types, the convict must serve all of them.

In the case of combination of sentences of multiple judgments

- According to the provisions of Article 56 of the Penal Code 2015, if a person who is serving a sentence is tried for a crime committed before such sentence is imposed

+ Courts decide penalties for crimes being tried; then decide on the overall penalty according to the rules of penalty aggregation; in the case of multiple crimes.

+ Time has served the penalty of the previous judgment; deducted from the general penalty period

- When a person who is serving a sentence is tried for a new crime:

The court shall decide the punishment for the new crime, then aggregate it with the unsettled portion of the previous sentence, and then decide on a common penalty according to the rules of the aggregate of penalties in the case of multiple crimes.

- If a person is serving multiple sentences that are not combined:

The executive judge of the Court shall issue a decision on a combined sentence as prescribed in 2 cases above.

Hua Le Huy
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