Can duration of temporary detention be deducted from the duration of community sentence in Vietnam?
Can duration of temporary detention be deducted from the duration of community sentence in Vietnam?
I committed the crime of theft and was declared community sentence by the court, before that I was temporarily detained. Can duration of temporary detention be deducted from the duration of community sentence? If the person sentenced to community sentence is unemployed, will he have his income deductions in Vietnam?
Can duration of temporary detention be deducted from the duration of community sentence in Vietnam?
Pursuant to Clause 1, Article 36 of the Penal Code 2015 has the following provisions:
1. 6-month to 3-year community sentence shall be imposed upon people who commit less serious crimes or serious crimes defined by this Law and have stable jobs or fixed residences and do not have to be isolated from society.
If the convict has been kept in temporary detention, the duration of temporary detention shall be deducted from the duration of community sentence: 01 day of temporary detention equals (=) 03 days of community sentence.
Thus, you will be deducted the number of days you have been deducted from the duration of community sentence at the rate of 01 day of temporary detention equals (=) 03 days of community sentence in Vietnam.
If the person sentenced to community sentence is unemployed, will he have his income deductions in Vietnam?
Pursuant to Clause 4 of Article 36 of the Penal Code 2015, there are provisions as follows:
4. If the person sentenced to community sentence is unemployed or loses his/her job while serving the sentence, he/she must do works serving the community during the period of community sentence.
The duration of community serving must not exceeds 04 hours per day and 05 days per week.
This measure must not be applied to pregnant women, women raising children under 06 months of age, old and weak people, people having fatal diseases, people having severe disabilities or extremely severe disabilities.
People sentenced to community sentence must fulfill the duties specified in the Law on enforcement of criminal judgments.
According to this Article, if you do not have a job, your income will not be deducted, instead you have to perform some community service work in Vietnam.
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