Amendments to the regulation on cases not eligible for suspended sentence in Vietnam

Amendments to the regulation on cases not eligible for suspended sentence in Vietnam
Diễm My

The Council of Judges of the Supreme People's Court of Vietnam issued Resolution 01/2022/NQ-HDTP Amending Resolution 02/2018/NQ-HDTP guiding the application of Article 65 of the Criminal Code on suspended sentences, in the revised section which stipulates the cases in which suspension is not allowed in Vietnam.

Accordingly, cases in which a suspended sentence is not allowed in Vietnam include:

- Offenders are the masterminds, leaders, commanders, stubbornly opposers, thugs, use cunning tricks, are professional, take advantage of positions and powers for personal gain, intentionally cause consequences. special serious.

- Persons who commit criminal acts in Vietnam have fled and have been wanted or requested to be wanted by procedure-conducting agencies, unless they have surrendered before a decision to bring the case to trial is issued.

(Compared to the past, the exception is added: Having surrendered before the decision to bring the case to trial)

- The person serving a suspended sentence in Vietnam commits a new crime during the probationary period; the person serving a suspended sentence is tried for another crime committed before receiving the suspended sentence.

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

+ The offender is a person under 18 years of age;

+ The offender is tried and convicted for two crimes, both of which are less serious crimes or the offender is a helper in the case of an accomplice with an insignificant role.

(Previously, there was only one exclusion: The offender was a person under the age of 18)

- The offender commits the crime twice or more, except for one of the following cases:

+ The offender is a person under 18 years of age;

+ The offenses are all less serious crimes;

+ In times of committing a crime, the offender is a helper in the case of accomplices with an insignificant role;

+ Crimes committed by the offender.

(Previously, there was only one exclusion: The offender was a person under the age of 18)

- Offenders fall into the category of dangerous recidivism or recidivism.

Resolution 01/2022/NQ-HDTP comes into force from May 10, 2022.



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