Who shall be liable for compensation for people who are sentenced with wrongful imprisonment in Vietnam?

Who shall be liable for compensation for people who are sentenced with wrongful imprisonment in Vietnam?

Pursuant to Article 18 of the Law on State Compensation Liability ìn 2017 stipulating scope of compensation liability in criminal procedures as follows:

The State shall be liable for damages in the following cases:

1. A person was detained for emergencies without justifiable basis as prescribed in the Criminal Procedure Code and he/she did not commit any violation of law;

2. An agency/person competent in criminal procedures issues a decision to release, revoke the decision on custody, refuse to approve the arrest warrant, temporarily detained decision because he/she did not commit a breach of the law;

3. An agency competent in criminal procedures issues judgment/decision affirming that the detainee has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;

4. An agency competent in criminal procedure issues a judgment/decision affirming that the detainee who has completely served or has been serving their termed imprisonment, life sentence, person who has been sentenced to death or person who has been executed under death sentence has not committed any criminal acts or his/her act has not constituted crime;

5. An agency competent in criminal procedures issues judgment/decision affirming that the person against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement without being held in custody or detention, or serving sentences has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense;

6. An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal cases was instituted, who was prosecuted and brought to trial for several offenses in the same case or who has completely served his/her prison terms did not commit any or some of these offenses and the penalty term of combined sentence after combination imposed for remaining offenses is shorter than the duration they were temporarily detained or served their imprisonment sentences, and the person is entitled to compensation for the temporary detention or imprisonment duration in excess of the aggregate term imposed for the offense which he/she has committed;

7. An agency competent in criminal procedures issues a judgment/decision affirming that the person against whom criminal case was instituted or who was prosecuted and brought to trial for various offenses in the same case and sentenced to death but the death penalty has not yet been executed, did not commit the offense subject to the death penalty while the aggregate term for remaining offences is shorter than the duration of his/her temporary detention: and the person is entitled to compensation for his/her temporary detention duration in excess of the aggregate term imposed for the offense he/she has committed;

8. An agency competent in criminal procedures issues a judgment or decision affirming that a person who was tried for various offenses under different judgments and subject to different penalties already aggregated by the court did not commit any offense or committed one or certain offenses while the term for remaining offenses is shorter than his/her temporary detention or imprisonment duration; and he/she is entitled to compensation for his/her temporary detention or imprisonment duration in excess of the aggregate term imposed for the offenses they have committed;

9. An agency competent in criminal procedures issues a judgment or decision affirming that a corporation against whom criminal case was instituted, who was prosecuted and brought to trial, or judgment enforcement has not committed an offence or his/her act have not constituted the offence or the time limit for investigating the case has expired without proof that the accused has committed the offense and such corporation did not commit any violation of law;

10. Entities who have property damaged as a result of seizures, impound, distrain, confiscation, frozen accounts or other entities in conjunction with the cases prescribed in Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 9 of this Article that are damaged.

As regulations above, the State shall be liable for compensation for the detainee who has completely served or has been serving their termed imprisonment after an agency competent in criminal procedure issues a judgment/decision affirming that the detainee has not committed any criminal acts or his/her act has not constituted crime.

How shall mental suffering of people who are sentenced with wrongful imprisonment in Vietnam be compensated?

Pursuant to Clause 3 Article 27 of the Law on State Compensation Liability ìn 2017 stipulating damage due to mental suffering as follows:

3. Damage due to mental suffering in case of institution of a criminal case, prosecution, trial or judgment enforcement, prevention in criminal proceedings shall be determined as follows:

a) Damage due to mental suffering in a case where the suffer is held in custody in an emergency shall be determined as equal to two days’ base salary;

b) Damage due to mental suffering in a case where the suffer is arrested, held in custody, detained or serving an imprisonment penalty shall be determined as equal to five days' base salary for one day of being held in custody, detained or serving an imprisonment penalty;

c) Damage due to mental suffering in a case where the suffer is not arrested, held in custody, detained or serving a penalty other than imprisonment penalty shall be determined as equal to two days' base salary for one day of not being held in custody, detained or serving the penalty, except for the case prescribed in Point d of this Clause;

d) Damage due to mental suffering in a case where the sufferer served a non-custodial sanction or a suspended sentence shall be determined as equal to three days' base salary for one day of serving the sanction or sentence;

dd) Damage due to mental suffering in a case where the sufferer who has already served a penalty as stated in a court's judgment/decision and then considered eligible for compensation by another judgment/decision by the competent criminal procedure authority shall be determined as equal to 2 days’ base salary for one day of the period in which the latter judgment/decision has not been issued.

As regulations above, after an agency competent in criminal procedure issues a judgment/decision affirming that the detainee has not committed any criminal acts or his/her act has not constituted crime, the detainee who has completely served or has been serving their termed imprisonment shall receivee compensation as follows: one day of serving an imprisonment penalty equals to five days' base salary. Currently, the base salary is VND 1.490.000 per month.

What is the time for compensation for mental suffering of people who are sentenced with wrongful imprisonment in Vietnam?

Pursuant to Article 11 of the Decree 68/2018/NĐ-CP stipulating the time for compensation for mental suffering of people who are sentenced with wrongful imprisonment in Vietnam as follows:

1. The damage sufferer is arrested, held in custody, detained or served the prison sentence specified at Point b, Clause 3, Article 27 of the Law, the period of time shall be counted from the date on which the damage sufferer is arrested, detained, or temporary detention, serving prison sentences until the date of completion of preventive measures or release or to the date of complete serving of prison sentences.

2. The damage sufferer is not arrested, detained, detained or served a non-jail penalty specified at Point c, Clause 3, Article 27 of the Law, the time will be counted from the date the damage sufferer is prosecuted or serve penalties until the date of having a document as a basis for claiming compensation.

3. If the damage sufferer serves the penalty of non-custodial reform, imprisonment for serving a suspended sentence specified at Point d, Clause 3, Article 27 of the Law, the period of time shall be counted from the date the damage sufferer has served the penalty of non-custodial reform, imprisonment for suspension until the date of fully serving the sentence.

4. The damage sufferer has completely served the penalty according to the court's judgment or decision, and then there is a judgment or decision of a competent agency or person in criminal procedure activities to determine that such person belongs to In the case of being compensated in criminal procedure activities specified at Point dd, Clause 3, Article 27 of the Law, the period of time is counted from the date on which the damage sufferer has finished serving the penalty until the date on which a document as a basis is issued. keep asking for compensation.

According to the above provisions, for an unjustly sentenced person who is serving a prison sentence, the time to determine mental compensation is the period counted from the date on which the damage sufferer serves the prison sentence until the date of imprisonment. the date of completion of the prison sentence.

Best regards!