Are there suspended sentences for kidnapping in Vietnam?

Are there suspended sentences for kidnapping in Vietnam?

My brother is a driver for a very rich family, his daily job is to pick up their daughter, last month my mother was seriously ill because there was no money so he took a risk to kidnap their family's daughter and asked them to give 40 million to get money for our mother's medical treatment, after achieving the goal, my brother went to confession, let me ask you in this case if he can enjoy suspended sentence? Actually, he didn't want to harm the girl, but just wanted to save our mother's emergency in the hospital, looking forward to hearing from you.

Reply:

Pursuant to the provisions of Clause 1, Article 169 of the Penal Code 2015, any person who takes another person hostage for ransom shall face a penalty of 02 - 07 years' 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

So, based on the law, in this case in Vietnam, if your brother meets the above conditions, he will receive a suspended sentence for his crime.

Is it possible to elect (to vote) for persons on suspended sentences in Vietnam?

I'm on an 18-month suspended sentence. Recently, there was a round of closing the list of voters to elect a member of the People's Council, but my name was not present. When asked, the Commune People's Committee replied that because I was serving the penalty according to the judgment, I could not participate in the election. Please ask, is the People's Committee's reply like that correct? I hope you can advise me.

Reply:

Pursuant to Clause 1, Article 30 of the Law on Election of Deputies to the National Assembly and People's Councils 2015, the persons who are deprived of the voting right under legally effective judgments or decisions of the Court, who are sentenced to death awaiting execution, who are serving prison terms without suspended sentences, and who are incapable of civil acts shall not have their names registered in the electoral registers.

Thus, initially, it is possible to determine that those who are serving prison sentences but are not entitled to suspended sentences are not entitled to participate in the election of People's Council deputies. From that, it can be inferred that the person who receives the suspended sentence still has the right to participate in the election of deputies to the People's Council.

In addition, according to the provisions of Clause 3, Article 65 of the 2015 Penal Code, the court may impose additional sentences upon the convict if provided for by the applied provision of law.

According to this Article, the additional penalty that may affect the election of citizens is determined to be the deprivation of certain citizenship rights. Thus, in Article 44 of the 2015 Penal Code, deprivation of certain citizenship rights; is specified as follows:

1. A Vietnamese citizen sentenced to imprisonment for infringement of national security or other crimes prescribed by this document shall have one or some of the following citizenship rights derived of:

a) The right to nominate oneself for a post in the authorities;

b) The right to work in regulatory agencies and serve in the people's army.

2. The duration of citizenship right deprivation is from 01 to 05 years from the end of the imprisonment or from the effective date of the judgment if the convict given a suspended sentence.

Therefore, you can make a complaint to the Commune People's Committee and if you do not agree with the settlement results, you can sue according to administrative procedures in Vietnam.

Are there suspended sentences for illegal deal in narcotic substances in Vietnam? 

Hello, Lawyer please answer this problem for me. Recently, I was arrested by the district police for the crime of illegally trading in narcotics. My crime is specified in Clause 1, Article 251 of the Penal Code, I commit the crime of trading for 1 person at a time. Because I committed a crime for the first time, I have a good character, my family has contributed to the revolution. Can I ask if my crime can be suspended sentence? Sincerely.

Reply:

Pursuant to the provisions of Clause 1, Article 251 of the 2015 Penal Code, any person who illegally deals in narcotic substances shall face a penalty of 02 - 07 years' 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

So based on the law in Vietnam, in this case, if you meet the above conditions, you will be entitled to a suspended sentence for your crime.

Best regards!