If the convict is the sole source of income in the family commits abuse in Vietnam, can he have the sentence deferred?

Is the crime of abuse a less serious crime in Vietnam?

Pursuant to Article 9 of the Criminal Code in 2015 (amended by Clause 2 Article 1 of the Law on Amendments to the Criminal Code in 2017) stipulating classification of crimes as follows:

Classification of crimes

1. Crimes defined in this Code are classified into 04 categories according to their nature and danger to society:

a) Less serious crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment;

b) Serious crime means a crime whose danger to society is significant and for which the maximum sentence of the bracket defined by this Code is from over 03 years' to 07 years' imprisonment;

c) Very serious crime means a crime whose danger to society is great and for which the maximum sentence of the bracket defined by this Code is from over 07 years' to 15 years' imprisonment;

d) Extremely serious crime means a crime whose danger to society is enormous and for which the maximum sentence of the bracket defined by this Code is from over 15 years' to 20 years' imprisonment, life imprisonment, or death.

2. Crimes committed by corporate legal entities are classified by their nature and danger to society as prescribed in Clause 1 of this Article. The same are applied to the crimes specified in Article 76 hereof.

As regulations above, crime means a crime whose danger to society is not significant and for which the maximum sentence defined by this Code is a fine, community sentence (non-custodial), or 03 years' imprisonment.

Pursuant to Article 140 of the Criminal Code in 2015 (amended by Clause 2.e Article 2 of the Law on Amendments to the Criminal Code in 2017) stipulating abuse as follows:

Abuse

1. A person who maltreats or humiliates his/her dependent, except in the circumstances specified in Article 185 hereof, shall face a penalty of up to 03 years' community sentence or 03 - 24 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

a) The victim is a person aged under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person;

b) The victim suffers from ≥ 31% mental and behavioral disability because of the offence;

c) The offence is committed against 02 or more people.

As regulations above, the maximum sentence for the crime of abuse is 03 years' imprisonment.

Therefore, abuse is a less serious crime.

If the convict is the sole source of income in the family commits abuse in Vietnam, can he have the sentence deferred?

Pursuant to Clause 1.c Article 67 of the Criminal Code in 2015 stipulating deferred imprisonment sentence as follows:

Deferred imprisonment sentence

1. A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:

a) A convict suffering from a serious disease may have the sentence deferred until he/she recovers;

b) A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;

c) If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;

d) A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.

As regulations above, if my friend commits the crime of abusing another person but he is the sole source of income in his family, and his family will fall into a particularly difficult situation, he can have the sentence deferred.

In which cases shall a person sentenced to imprisonment in Vietnam have the sentence deferred?

Pursuant to Clause 1.c Article 67 of the Criminal Code in 2015 stipulating deferred imprisonment sentence as follows:

Deferred imprisonment sentence

1. A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:

a) A convict suffering from a serious disease may have the sentence deferred until he/she recovers;

b) A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;

c) If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;

d) A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.

Above are cses in which a person sentenced to imprisonment in Vietnam shall have the sentence deferred.

Best regards!