Can offenders with many certificates of merits receive suspended sentence in Vietnam?

Can offenders with many certificates of merits receive suspended sentence in Vietnam?

Pursuant to Article 2 of the Resolution 02/2018/NQ-HĐTP (amended by Clause 1.b Article 1 of the Resolution 01/2022/NQ-HĐTP) stipulating conditions for enjoying suspended sentences for persons sentenced to imprisonment as follows:

A person sentenced to prison may be considered for a suspended sentence when fully meeting the following conditions:

1. Being sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has a personal identity that, apart from this crime, the offenders abide by the policies and laws and fulfill the obligations of citizens in the places of residence or work.

a) For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined, taking into account the following: If the date of this offense has passed the time limit, it will be considered as having not yet been administratively sanctioned or disciplined in accordance with law if it is considered that the nature and seriousness of the new crime is committed in the school. In less serious cases or the offender is an accomplice who plays an insignificant role in the case and meets other conditions, a suspended sentence may also be served;

b) For convicts who, when determining crime, have used the circumstances of "having been disciplined" or "have been administratively sanctioned" or "have been sentenced" and have met other conditions may also be given a suspended sentence;

c) For convicts whose cases are separated for settlement in different stages (separated into many cases) and meet other conditions, suspended sentences may also be served.

3. There are 02 or more extenuating circumstances, including at least 01 extenuating circumstance specified in Clause 1, Article 51 of the Penal Code and no aggravating circumstances. criminal liability specified in Clause 1, Article 52 of the Criminal Code.

In case there are aggravating circumstances for penal liability, the number of extenuating circumstances of penal liability must be greater than the number of aggravating circumstances of penal liability by 02 or more, including at least 01 extenuating circumstance criminal liability specified in Clause 1, Article 51 of the Criminal Code.

4. Having a clear place of residence or a stable place of work for competent agencies and organizations to supervise and educate.

A place of obvious residence is a place of temporary or permanent residence with an address specifically determined in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.

A stable workplace is a place where the offender works for a term of one year or more under a labor contract or under a decision of a competent agency or organization.

5. Considering that there is no need to force the execution of prison sentences if the offenders are capable of self-improvement and the suspension of sentences does not pose a danger to society; not adversely affect security, social order and safety.

6. When considering and deciding to grant a suspended sentence to the accused, the Court must carefully and closely consider the conditions to ensure that the suspension of the sentence is in accordance with the provisions of law, especially for cases guided in Clauses 2, 4 and 5, Article 3 of this Resolution.

Pursuant to Clause 1.v Article 51 of the Criminal Code in 2015 stipulating mitigating circumstances of criminal liability are as follows:

v) The offender is a person with outstanding achievements in production, combat, study or work;

As regulations above, the fact that the offender has many certificates of merit is only one of the conditions for considering a suspended sentence. In order to enjoy the suspended sentence, the offender needs to ensure that the prison sentence does not exceed 3 years and must satisfy all above conditions.

What are the fines imposed on the person, who is given a suspended sentence, for leaving his/her residence without permission of the compentent authority in Vietnam?

Pursuant to Clause 4.dd Article 14 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on criminal sentence execution and implementation of administrative measures as follows:

4. A fine ranging from 3.000.000 VND to 4.000.000 VND shall be imposed for any of the following violations:

dd) The person who is given a suspended sentence leaves his/her residence without permission or the consent of the People's Committee of the commune or fails to be present at his/her resident longer than the length of time he/she is allowed to be absent;

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

As regulations above, a fine ranging from 3.000.000 VND to 4.000.000 VND shall be imposed on the person, who is given a suspended sentence, for leaving his/her residence without permission of the compentent authority in Vietnam.

In Vietnam: Is there imprisonment sentence in case the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office in Vietnam?

Pursuant to Article 93 of the Law on Execution of Criminal Judgments in 2019 stipulating actions against violations committed by persons serving suspended sentences as follows:

6. Within 3 working days from the effective date of the court decision, the criminal judgment execution agency of district-level police office or of military zone shall send the person serving suspended sentence concerned to serve his/her original prison sentence. If the person serving suspended sentence concerned escapes, the criminal judgment execution agency of district-level police office or of military zone shall request the competent criminal judgment execution agency to release a wanted notice.

If the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.

As regulations above, if the court rejects the request for forced serving of original prison sentence, the criminal judgment execution agency of district-level police office or of military zone shall keep that decision and relevant documents to the suspended sentence execution dossier and send the decision to the People’s Committee of commune or military unit in charge for further supervision and education.

Best regards!