What crimes are not eligible for suspended sentences in Vietnam?

What crimes are not eligible for suspended sentences in Vietnam? - Image from Internet

Article 3 of Resolution 02/2018/NQ-HDTP stipulates cases in which suspended sentences are not granted, specifically:

1. Offenders who are masterminds, leaders, commanders, persistent resistors, gangsters. Offenders who use cunning tactics, have professional characteristics, exploit their positions and powers for personal gain, intentionally cause particularly serious consequences.

2 .Offenders who commit the crime and flee, and have been requested for arrest by the authorities.

3. Offenders who receive a new conviction during the probation period; offenders who are granted a suspended sentence and are being prosecuted for another crime committed before being granted the suspended sentence.

4. Offenders who are tried for multiple offenses in the same trial, except for offenders under 18 years old.

5. Offenders who repeat the offense, except for offenders under 18 years old.

6. Offenders who fall into the category of dangerous recidivism.

Therefore, there are no specific crimes mentioned that are not eligible for a suspended sentence. This means that regardless of the crime committed, an offender can be considered for a suspended sentence if they do not fall into the aforementioned ineligible cases.

Individuals sentenced to imprisonment may be considered for a suspended sentence if they meet the conditions specified in Article 2 of this Resolution. Specifically:

1. The sentence of imprisonment does not exceed 3 years.

2. The offender has good personal background.

The offender is considered to have a good personal background if, in addition to this offense, the offender always complies with policies, laws, and fulfills all obligations of a citizen at their place of residence and work.

If the nature and severity of the new offense are found to be less serious or the offender is an accomplice with an insignificant role in the case and meets other conditions, a suspended sentence may also be granted for individuals who have been convicted but are considered to have no criminal record, individuals who have been convicted but have had their criminal record expunged, individuals who have been punished for administrative violations or disciplinary actions that are considered as not yet punished for administrative violations, not yet subjected to disciplinary actions as of the date of this offense for more than 6 months

3. The offender has at least 2 mitigating circumstances, including at least 1 mitigating circumstance specified in Clause 1 of Article 51 of the Criminal Code and no aggravating circumstance specified in Clause 1 of Article 52 of the Criminal Code.

In cases where there are aggravating circumstances, the number of mitigating circumstances must be greater than the number of aggravating circumstances, with at least 2 mitigating circumstances, including at least 1 mitigating circumstance specified in Clause 1 of Article 51 of the Criminal Code.

4. The offender has a clear place of residence or stable place of work for monitoring and supervision by competent authorities and organizations.

A clear place of residence is a temporary or permanent residence with a specific address determined in accordance with the provisions of the Residence Law where the person granted a suspended sentence resides and lives regularly after being granted a suspended sentence.

A stable place of work is where the offender works for a period of at least 1 year under a labor contract or a decision of the competent authority.

5. It is deemed unnecessary to enforce a prison sentence if the offender has the ability to reform themselves and granting them a suspended sentence does not pose a danger to society; does not negatively affect security, order, and social safety.

Best regards!