If there are aggravating circumstances, can my brother get a suspended sentence in Vietnam?
My younger brother committed a crime for the first time, but there were aggravating circumstances such as organized crime. So will he receive a suspended sentence in Vietnam? Hope to get an answer.
If there are aggravating circumstances, can my brother get a suspended sentence in Vietnam?
Pursuant to Article 2 of Resolution 02/2018/NQ-HDTP, a person sentenced to imprisonment may be considered for a suspended sentence when the following conditions are met:
1. Sentence to imprisonment for no more than 03 years.
2. Have a good character.
It is considered to have a good character if, apart from this crime, the offender always complies with policies and laws and fully performs the obligations of a citizen at the place of residence and work.
For people who have been convicted but are considered to have no criminal record, people who have been convicted but have had their criminal records erased, people who have been sanctioned for administrative violations or disciplined for which the time is considered has not been sanctioned for an administrative violation, has not been disciplined by the date of this crime for more than 6 months, if it is considered that the nature and level of the newly committed crime is less serious or if the offender is an accomplice with an insignificant role in the case and meets other conditions, he or she may also be given a suspended sentence.
3. There are 02 or more circumstances mitigating criminal liability, including at least 01 circumstance mitigating criminal liability specified in Clause 1, Article 51 of the Penal Code and no circumstances aggravating the criminal liability prescribed in Clause 1, Article 52 of the Penal Code.
In case there are circumstances aggravating criminal liability, the number of circumstances mitigating criminal liability must be greater than the number of circumstances aggravating criminal liability by 02 or more, including at least 01 mitigating circumstance specified in Clause 1, Article 51 of the Penal Code.
4. Have a clear place of residence or stable place of work for competent agencies and organizations to supervise and educate.
A clear place of residence is a place of temporary or permanent residence with a specifically determined address according to the provisions of the Law on Residence where the person receiving a suspended sentence resides and lives regularly after receiving the suspended sentence.
A stable workplace is a place where an offender works for a period of 1 year or more under a labor contract or according to a decision of a competent agency or organization.
5. Consider that there is no need to serve a prison sentence if the offender has the ability to reform himself and giving them a suspended sentence does not pose a danger to society; does not adversely affect security, order and social safety.
Thus, according to the above regulations in Vietnam, your brother can still receive a suspended sentence if he fully meets the above conditions and does not fall into the cases that are not eligible for a suspended sentence.
If there are aggravating circumstances, can my brother get a suspended sentence in Vietnam? (Image from the Internet)
Cases that do not allow for a suspended sentence in Vietnam
Pursuant to Article 3 of Resolution 02/2018/NQ-HDTP, the cases in which suspended sentences are not allowed are as follows:
1. The offender is a mastermind, leader, commander, stubbornly opposed, a thug, uses cunning tricks, has a professional nature, takes advantage of position and power to profit, and intentionally causes extremely serious consequences.
2. The person who committed the crime has fled and has been wanted by the prosecuting agencies.
3. The person receiving a suspended sentence commits a new crime during the probation period; The person currently serving a suspended sentence is being tried for another crime committed before receiving the suspended sentence.
4. The offender is tried at the same time for many crimes, except in cases where the offender is under 18 years old.
5. Repeat offenders, unless the offender is under 18 years old.
6. The offender is a repeat offender, a dangerous repeat offender.
According to this Article, if your younger brother commits a crime in the above cases, he will not receive a suspended sentence in Vietnam.
Best regards!
