Does Detention Time Count Toward Prison Sentence?

Dear Sir/Madam,I have a query: My husband has been sentenced to 28 months for the crime of drug trafficking. However, he was previously detained in a district jail for nearly 3 months. Do you know if the 28 months have already considered the days he was detained in the district? With the current amount of time, how many years will my husband have to serve in prison after his pardon?

According to Clause 1, Article 38 of the Penal Code 2015, it is stipulated: Fixed-term imprisonment requires the convicted person to serve the sentence at a detention facility for a specified period.

Fixed-term imprisonment for a person convicted of a crime has a minimum duration of 03 months and a maximum duration of 20 years.

The time spent in temporary detention or custody is deducted from the prison sentence, with 01 day of temporary detention or custody being equivalent to 01 day of imprisonment.

Thus, when your husband is detained for 03 months in the district, the Court will deduct the time your husband has been temporarily detained according to regulations.

Regarding amnesty according to current regulations, there is no specified term for this; you may refer to clemency. To be specific:

Clemency is the special leniency of the State, decided by the President, releasing a prisoner before the end of their fixed-term or life imprisonment sentence on major national events, significant holidays, or in special cases (Clause 1, Article 3 of the Clemency Law 2018).

For conditions regarding clemency, you can refer here.

Respectfully!

Related Posts
LawNet
What are penalties for disclosing state secrets in Vietnam?
LawNet
What is significance January 28? What is the lunar calendar date of January 28, 2025?
LawNet
What are penalties for deliberate infliction of bodily harm upon another person in Vietnam?
LawNet
Will the Juvenile Justice Law 2024 in Vietnam be effective from January 01, 2026?
LawNet
Will the Anti-Human Trafficking Law 2024 in Vietnam be effective from July 01, 2025?
LawNet
What are the penalties for illegal racing in 2024 in Vietnam?
LawNet
How many years of imprisonment are imposed on people committing the act of illegal possession of narcotics in 2024 in Vietnam?
LawNet
Can You Refuse to Testify When Summoned to Court?
LawNet
Is Lottery Winnings Subject to Tax?
LawNet
Is the Delayed Support Payer Required to Pay Additional Interest?
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;