30-Month Prison Sentence but Granted a Suspended Sentence: What is the Probation Period?

Clause 1, Article 65 of the Criminal Code 2015 stipulates:

When imposing a prison sentence of no more than 03 years, based on the offender's background and mitigating circumstances, if it is considered unnecessary to execute the prison sentence, the Court may grant a suspended sentence and set a probation period from 01 year to 05 years. The offender is required to fulfill obligations during the probation period in accordance with the Law on Execution of Criminal Judgments.

Article 4 of Resolution 02/2018/NQ-HDTP also states: When granting a suspended sentence, the Court must set the probation period to be twice the length of the prison sentence imposed, but not less than 01 year and not more than 05 years.

Based on the above regulations, here the offender is sentenced to 30 months in prison (2 years 6 months in prison) and is granted a suspended sentence. Therefore, the probation period is set at 60 months (5 years).

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