If offenders' family previously followed the old regime, will they receive suspended sentences in Vietnam?

If offenders' family previously followed the old regime, will they receive suspended sentences in Vietnam?

In Article 2 of Resolution 02/2018/NQ-HDTP as amended by Article 1 of Resolution 01/2022/NQ-HDTP, conditions for persons sentenced to imprisonment to enjoy suspended sentences:

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 fully fulfill the obligations of citizens in the place 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, they may also enjoy suspended sentences.

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 specified in Clause 1, Article 52 of the Penal 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 of criminal liability specified in Clause 1, Article 51 of the Penal 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 the defendant a suspended sentence, the Court must carefully and closely consider the conditions to ensure that the suspension of the sentence is in accordance with the provisions of the law, especially for cases where the instructions are given in Clauses 2, 4 and 5, Article 3 of this Resolution

Thus, there is no provision that a person whose relative was previously under the old regime is not entitled to a suspended sentence. Therefore, if your husband meets the above conditions, he will be entitled to a suspended sentence in Vietnam.

When does the suspended sentence period start in Vietnam? 

According to Article 5 of Resolution 02/2018/NQ-HDTP supplemented by Clause 4, Article 1 of Resolution 01/2022/NQ-HDTP, time to start counting the probation period is determined as follows:

The starting time of the trial period is determined as follows:

1. In case the first-instance court grants a suspended sentence and the judgment is not appealed or protested against according to appellate procedures, the time to start counting the probation period is the date the first-instance judgment is pronounced.

2. In case the first-instance court grants a suspended sentence, and the appellate court also grants a suspended sentence, the time to start counting the probationary period is the date the first-instance judgment is pronounced.

3. In case the first-instance court refuses to grant a suspended sentence, or the appellate court grants a suspended sentence, the time to start counting the probationary period is the date the appellate judgment is pronounced.

4. In case the first-instance court grants a suspended sentence, the appellate court does not grant the suspended sentence, but the cassation panel cancels the appellate judgment for a re-trial and the appellate court grants it If the sentence is suspended, the probationary period is counted from the date of first-instance judgment.

5. In case the first-instance court or appellate court grants a suspended sentence, but the cassation panel cancels the first-instance judgment or appellate judgment for investigation or re-trial and after the first-instance trial If the trial is re-trial, the first-instance court or the appellate court still grant a suspended sentence, the probationary period shall be counted from the date of the first-instance judgment or the first appellate judgment.

6. If the first-instance court does not grant the suspended sentence, the judgment is not appealed or protested against according to appellate procedures, but the cassation panel amends the first-instance judgment to grant the suspended sentence, the probation period from the effective date of the cassation decision.

7. In case the first-instance court or the appellate court refuses to grant the suspended sentence, but the cassation panel amends the appellate judgment and grants the suspended sentence, the probation period shall be counted from the date of the cassation decision.

8. In case the first-instance court grants a suspended sentence, the appellate court shall not grant the suspended sentence, but the cassation panel cancels the appellate judgment and maintains the first-instance judgment or the cassation review panel. If the appellate court grants a suspended sentence, the probationary period shall be counted from the date of the first-instance judgment.

9. In case the first-instance court grants a suspended sentence but the appellate court cancels the first-instance judgment for investigation or re-trial and, after the first-instance trial is re-tried, the first-instance court still allows the suspended sentence to be served. The probationary period is counted from the date of the next first-instance judgment.

According to this Article, the starting time to calculate the probation period of the suspended sentence will be determined according to the above regulations in Vietnam.

Best Regards!