Vietnam: What is the maximum imprisonment penalty imposed on a person committing 03 crimes?
How many years in prison will a person face for committing 03 crimes?
According to Point a Clause 1 Article 55 of the Criminal Code 2015 regarding the decision on sentence for multiple crimes in Vietnam:
When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:
1. Primary sentence:
a) If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;
b) If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (=) 01 day's imprisonment.
c) If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;
d) If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;
dd) Fines shall be aggregated and shall not be combined with other sentences;
e) Expulsion shall not be combined with other sentences;
Therefore, the maximum imprisonment penalty imposed on your brother is 30 years for all crimes under the above regulation.
What are the regulations on the combination of sentences of multiple judgments in Vietnam?
According to Article 56 of the Criminal Code 2015, the provisions are as follows:
Combination of sentences of multiple judgments
1. If a person who is serving a sentence is tried for a crime committed before such sentence is imposed, the Court shall decide the sentence for the crime being tried and then the combined sentence as prescribed in Article 55 hereof.
The duration of the previous sentence shall be deducted from that of the combined sentence.
2. When a person who is serving a sentence is tried for a new crime, the Court shall decide the sentence for the new crime, then aggregate it with the unserved part of the sentence to make the combined sentence as prescribed in Article 55 hereof.
3. If a person is serving multiple sentences that are not combined, the executive judge of the Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of this Article.
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