How are individuals with non-expunged criminal records for intentional injury handled when caught gambling?
What are the consequences of gambling when your criminal record for intentional injury has not been expunged?
Based on Article 321 of the Criminal Code 2015, as amended by Clause 120, Article 1 of the Law on Amendments to the Criminal Code 2017, the regulation is as follows:
"1. Any person who illegally gambles in any form where the stake is money or items valued from 5,000,000 VND to less than 50,000,000 VND or less than 5,000,000 VND but has been administratively sanctioned for this act or the act specified in Article 322 of this Code, or has been convicted of this crime or the crime specified in Article 322 of this Code, and has not had their criminal record expunged but continues to violate, shall be fined from 20,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years.
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In which, Article 322 of the Criminal Code 2015 regulates the crime of organizing gambling or running a gambling den.
According to the information you provided, you have not had your criminal record for intentional injury expunged, which is not related to the crime of organizing gambling or running a gambling den.
First Case: If you gamble with a value from 5 million VND to 50 million VND, you will be fined from 20,000,000 VND to 100,000,000 VND, subjected to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years.
Second Case: If you gamble with a value less than 5 million VND, since your unexpunged criminal record is for intentional injury, you will not be criminally liable.
The punishment for the crime of intentional injury that you have already served will not be compounded with the punishment for the new crime.
How is the period for expungement of criminal records calculated?
Article 73 of the Criminal Code 2015 provides the following:
The period for expungement of criminal records as stipulated in Articles 70 and 71 of this Code is based on the principal sentence declared.
Any person with an unexpunged criminal record who commits a new crime and is sentenced by a court by a legally effective judgment, the period for expungement of the old criminal record is recalculated from the date of completion of the principal sentence or the probation period of the new suspended sentence, or from the date the new judgment expires.
Any person convicted of committing multiple crimes, where one crime warrants automatic expungement and another crime requires expungement by court decision, the court shall decide the expungement based on the period provided in Article 71 of this Code.
Any person exempted from serving the remaining part of the sentence is also considered to have served the sentence.
The above is the provided support content.
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