Regulations on conditions for parole in Vietnam

Hi Lawnet. What is parole? What are the conditions for parole for a person serving a prison sentence? - Hoang Khai (Vinh Long, Vietnam)


Regulations on conditions for parole in Vietnam (Source: Internet)

1. What is parole?

Conditional release from prison is a measure applied by the Court to a person who is serving an imprisonment sentence when fully meeting the conditions prescribed by the Criminal Code, deems it unnecessary to force them to continue serving a prison sentence. sentenced to imprisonment at detention facilities according to Article 1 of Vietnam's Resolution 01/2018/NQ-HDTP.

2. Regulations on conditions for parole in Vietnam

Pursuant to Clause 1, Article 66 of the Criminal Code 2015 (amended 2017) stipulates that a person serving an imprisonment sentence (prisoner) for a serious crime, very serious crime or extremely serious crime which has been commuted;

A person serving an imprisonment sentence for a less serious crime may be granted parole when all of the following conditions are satisfied:

- The prisoner does not have prior criminal record;

- The prisoner shows remarkable improvements;

- The prisoner has a fixed residence;

- The prisoner has paid fines, legal costs, and civil compensation in full;

- The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment which is commuted to determinate imprisonment.

A prisoner who is a revolutionist, a revolutionist’s relative, wounded soldier, sick soldier, a person aged 70 or older, a person suffering from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment

Or at least 12 years of life imprisonment which is commuted to determinate imprisonment;

- The offence is not committed in any of the circumstances specified in Clause 2 of this Article.

3. Cases ineligible for parole in Vietnam

The case of not applying early release from prison under Clause 2, Article 66 of the Criminal Code 2015 (amended 2017) is as follows:

-  A person that is convicted of any of the crimes specified in Chapter XIII, Chapter XXVI, Article 299 of the Criminal Code 2015;

+ Crimes of infringing upon national security;

+ Crimes against peace, against humanity and war crimes;

+ Crime of terrorism.

- Any person sentenced to 10 years' imprisonment or longer for deliberately committing any of the crimes specified in Chapter XIV of the Criminal Code 2015 on crimes of intentionally infringing upon this person's life, health, dignity and honor;

Or any person sentenced to 07 years’ imprisonment or longer for any of the crimes specified in Articles 168, 169, 248, 251 and 252 of the Criminal Code 2015 as follows:

+ Crime of robbery;

+ Kidnapping for the purpose of appropriating property;

+ Illegal production of narcotics;

+ Crime of illegally trading in narcotics;

Crime of appropriating narcotics.

-  Any person sentenced to death and granted commutation or any person in the circumstance specified in Clause 3 Article 40 of the Criminal Code 2015 as follows:

+ The convict is pregnant or a woman raising a child under 36 months of age;

+ The sentenced person is 75 years of age or older;

+ The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

4. Time for consideration of parole in Vietnam

The consideration of parole shall be carried out 3 times a year: at the end of the first quarter, the second quarter and the end of the year according to Article 57 of the Law on Criminal Judgment Execution 2019.

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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