Are there suspended sentences for falsification of election result in Vietnam?
Are there suspended sentences for falsification of election result in Vietnam? Are there suspended sentences for unemployment insurance fraud in Vietnam? Are there suspended sentences for committing a crime during probation period in Vietnam?
Are there suspended sentences for falsification of election result in Vietnam?
Hello Lawyer, my husband is the village head but his term has expired, because he wants to continue working as a village head, he deliberately interfered with the ballot box to elect the village head, unfortunately my husband was discovered and prosecuted for falsification of election result. According to the provisions of Article 161 of the 2015 Penal Code, he is the son of Vietnam Hero's mother, the family has many revolutionaries, and he himself has no criminal record, please let me know if my husband has So many extenuating circumstances can be suspended sentence?
Reply:
Pursuant to Clause 1, Article 161 of the 2015 Penal Code, any person who is responsible for organizing, supervising the election or organizing the referendum and fabricate documents, votes or otherwise falsifies the election or referendum result shall face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.
On the other hand, based on Article 2 of Resolution 02/2018/NQ-HDTP as amended by Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP, there are provisions on conditions for persons sentenced to imprisonment to enjoy suspended sentences as follows:
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 the identity that, in addition to this crime, the offender abides by the policies and laws and fully fulfills 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 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, based on the provisions of the law in Vietnam, in this case, if your husband meets the above conditions, he will be entitled to a suspended sentence for his crime.
Are there suspended sentences for unemployment insurance fraud in Vietnam?
Hello Lawyer, my husband is charged with unemployment insurance fraud as prescribed in Clause 1, Article 214 of the Penal Code 2015, my husband is a Party member and has never had a criminal record, could you please let me know: My husband has so many extenuating circumstances, can my husband receive a suspended sentence?
Reply:
Pursuant to Clause 1, Article 214 of the 2015 Penal Code stipulating a person who commits any of the following acts and to illegally obtain an amount of social insurance or unemployment insurance payout of from VND 10,000,000 to under VND 100,000,000 or causes damage assessed at from VND 20,000,000 to under VND 200,000,000 except in the circumstances specified in Article 174, 353 and 355 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment:
On the other hand, base on Article 2 of Resolution 02/2018/NQ-HDTP as amended by Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP, there are provisions on conditions for persons sentenced to imprisonment to enjoy suspended sentences as follows:
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 the identity that, in addition to this crime, the offender abides by the policies and laws and fully fulfills 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 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
So, based on the law in Vietnam, in this case, if your husband meets the above conditions, he will receive a suspended sentence for his crime.
Are there suspended sentences for committing a crime during probation period in Vietnam?
I have a friend who committed a crime of "Destruction of property"; The court tried and granted a suspended sentence. However, during the probation period, my friend re-offended. Will my friend continue to receive suspended sentence? Looking forward to receiving your help.
Reply:
Pursuant to Clause 5, Article 65 of the 2015 Penal Code on suspended sentences, as follows:
5. During the probation period, if the convict deliberately fails to fulfill his/her obligations twice or more as prescribed by the Law on criminal sentence execution, the Court might require him/her to serve the sentence. If the convict commits a new crime, the Court shall force him/her to serve a combined sentence of the suspended sentenced and the new sentence as prescribed in Article 56 hereof.
In the case you mentioned, during the probation period, if you continue to commit the crime of destroying property, according to the regulations in Vietnam, the court will force your friend to serve the penalty of the previous judgment and combine it with the penalty of the judgment of destruction.
On the other hand, in Clause 2, Article 3 of Resolution 02/2018/ND-HDTP as amended by Point a, Clause 2, Article 1 of Resolution 01/2022/NQ-HDTP, guiding the application of Article 65 of the 2015 Penal Code on suspended sentences as follows:
2. The person who commits the crime has fled and has been wanted or requested by the procedure-conducting agencies, unless he has surrendered before a decision to bring the case to trial is issued.
Article 7 of Resolution 02/2018/ND-HDTP also provides:
1. In case a person entitled to a suspended sentence commits a new crime during the probation period, the court shall decide the penalty for the new crime and combine it with the imprisonment penalty of the previous sentence as prescribed in Articles 55 and 56 of this Decree; if they have been detained or held in custody, the time of being held in custody or temporary detention shall be deducted from the time limit for serving the prison sentence.
2. In case a person who is serving a suspended sentence discovers that before receiving the suspended sentence he has committed another crime, the court shall decide the penalty for that crime and not combine the penalty with the sentence for receive a suspended sentence. In this case, the offender must simultaneously serve two sentences and the judgment execution shall be coordinated by agencies assigned to execute criminal judgments in accordance with the provisions of the Law on Criminal Judgment Execution.
Thus, in this case your friend will not be given a suspended sentence in Vietnam.
Above is the content of our advice on the issue that you have questions about.
Best regards!
