In Vietnam, how many years shall an incest offender serve in prison?

In Vietnam, how many years shall an incest offender serve in prison?

Pursuant to Article 184 of the Criminal Code in 2015 stipulating incest in Vietnam as follows: 

Any person who organizes a marriage entered into by a person under the marriageable age despite the fact that he/she has incurred a administrative penalty for the same offence shall be liable to a fine of from VND 10,000,000 to VND 30,000,000 or face a penalty of up to 02 years' community sentence.

As regulations above, the person, who commits incest, shall face a fine of from VND 10,000,000 to VND 30,000,000 or a penalty of up to 02 years' community sentence. 

How long shall an incest offender in Vietnam be granted with automatic conviction expungement?

Pursuant to Article 70 of the Criminal Code in 2015 stipulating automatic conviction expungement in Vietnam as follows: 

1. Automatic conviction expungement is granted to people convicted of crimes other than those specified in Chapter XIII and Chapter XXVI hereof after they have served their primary sentences, probation period of a suspended sentence or when the time limit for sentence execution expires and the conditions specified in Clause 2 and Clause 3 of this Article are met.

2. Automatic conviction expungement shall be granted to a convict if he has served the primary sentence or the probation period of a suspended sentence, additional punishments, other decisions of the judgment and does not commit any new crime during the periods specified below:

a) 01 year in case of a warning, fine, community sentence or suspended imprisonment sentence;

b) 02 years in case of imprisonment of up to 05 years;

c) 03 years in case of imprisonment from over 05 years to 15 years;

d) 05 years in case of imprisonment of over 15 years or commuted life imprisonment.

A convict serving an additional punishment that is mandatory supervision, prohibition from residence, prohibition from holding certain positions, prohibition from doing certain jobs, deprivation of certain citizenship rights for a period longer than those specified in Point a, b and c of this Clause, automatic conviction expungement shall be granted when he/she finishes serving the additional punishment.

3. Automatic conviction expungement shall be granted to a convict if he/she does not commit any new crime during the period specified in Clause 2 of this Article from the end of the time limit for sentence execution.

4. The agency managing criminal record database shall update information about criminal records of the convicts and issue criminal records which contains certification of no convictions on request if all conditions specified in Clause 2 or Clause 3 of this Article are satisfied.

As regulations above, the penalties for the person committing incest are from VND 10,000,000 to VND 30,000,000 or up to 02 years' community sentence, so automatic conviction expungement shall be granted to them in 01 year after serving the penalties.

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