Can prosecution for robbery result in a suspended sentence in Vietnam?

Can prosecution for robbery result in a suspended sentence in Vietnam?

Article 168 of the 2015 Penal Code stipulates robbery as follows:

1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence causes 11% - 30% WPI for the victim;

d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;

dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;

e) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person.

g) The offence has a negative impact on social safety, order and security;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence causes 31% - 60% WPI for the victim;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:

a) The property taken is assessed at ≥ VND 500,000,000;

b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;

c) The offence results in the death of the victim;

d) The offender takes advantage of a war or state of emergency to commit the offence.

5. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.

And according to Clause 1, Article 65 of the 2015 Penal Code: Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give a suspended sentence with a probation period of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem unnecessary.

Thus, if you are sentenced by the Court under Clause 2, you will be sentenced to imprisonment from 7 to 15 years. At this time, you will not be eligible for a suspended sentence. In case the friend is sentenced to 3 years in prison and meets the conditions for a suspended sentence, if it is deemed that there is no need to serve the prison sentence, the Court shall grant the suspended sentence and set a probationary period of 1 - 5 years in Vietnam.

If there are 03 mitigating circumstances, will there is a suspended sentence in Vietnam?

Pursuant to Article 2 of Resolution 02/2018/NQ-HDTP as amended by Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP, a person sentenced to imprisonment can be considered for a suspended sentence when all the following conditions are met:

1. Sentenced to imprisonment for not more than 03 years.

2. The person sentenced to prison has an identity that, in addition to this crime, the offender complies with policies and laws and fully performs the obligations of citizens in the place of residence and work.

a) For people who have been convicted but are considered to have no criminal record, people who have been convicted but have had their criminal records erased, people who have been sanctioned for administrative violations or disciplined but as of the date of this crime the time limit has passed is considered to have not been administratively sanctioned according to the provisions of law if the nature and extent of the crime has just been committed within the school. In less serious cases or if the offender is an accomplice with an insignificant role in the case and meets other conditions, a suspended sentence may also be given;

b) For convicted persons who, when determining the crime, used the details "have been disciplined" or "have been sanctioned for administrative violations" or "have been sentenced" and have met other conditions The sentence can also be suspended;

c) For convicted persons whose cases are separated to be resolved in different stages (split into multiple cases) and who meet other conditions, a suspended sentence may also be granted.

3. There are 02 or more circumstances mitigating criminal liability, including at least 01 circumstance mitigating criminal liability specified in Clause 1, Article 51 of the Penal Code and no circumstances aggravating criminal liability prescribed in Clause 1, Article 52 of the Penal Code.

In case there are circumstances aggravating criminal liability, the number of circumstances mitigating criminal liability must be greater than the number of circumstances aggravating criminal liability by 02 or more, including at least 01 mitigating criminal liability stipulated in Clause 1, Article 51 of the Penal Code.

4. Have a clear place of residence or stable place of work for competent agencies and organizations to supervise and educate.

A clear place of residence is a place of temporary or permanent residence with a specifically determined address according to the provisions of the Law on Residence where the person receiving a suspended sentence resides and lives regularly after receiving the suspended sentence.

A stable workplace is a place where an offender works for a period of 1 year or more under a labor contract or according to a decision of a competent agency or organization.

5. Considering that there is no need to serve a prison sentence if the offender has the ability to reform himself and giving them a suspended sentence does not pose a danger to society; does not adversely affect security, order and social safety.

6. When considering and deciding to grant a defendant a suspended sentence, the Court must carefully and strictly consider the conditions to ensure that the suspended sentence is in accordance with the provisions of the law, especially in cases of guidance in Clause 2, Clause 4 and Clause 5, Article 3 of this Resolution

According to this Article, you must simultaneously meet all 5 conditions mentioned above to be considered for a suspended sentence in Vietnam.

According to the information you provided, you are prosecuted for criminal liability according to Clause 1, Article 174 of the 2015 Penal Code (ie, you can be sentenced to community sentence for up to 03 years or imprisonment from 06 months to 03 years). If there are 3 mitigating circumstances, the remaining conditions regarding identity, place of residence,... must be met to be considered for a suspended sentence in Vietnam.

Best regards!