Is it mandatory to treat mentally ill prisoners in Vietnam? Can the death sentence be reduced for convicted criminals in Vietnam?

Is it mandatory to treat mentally ill prisoners in Vietnam?

Pursuant to Article 49 of the Criminal Code in 2015 stipulating mandatory disease treatment as follows:

1. A person who commits an act dangerous to society while suffering from a disease specified in Article 21 hereof, the Procuracy or Court, according to the forensic examination conclusion or mental forensic examination, shall decide to send him/her to a specialized medical facility for mandatory treatment.

2. If a person has criminal capacity when committing the crime but loses his/her awareness or control of his/her acts before conviction, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person might bear criminal responsibility.

3. If a person serving an imprisonment sentence suffers from a diseases that causes him/her to loses his/her awareness or control of his/her acts, according to the forensic examination conclusion or mental forensic examination, the Court may decide to send him/her to a specialized medical facility for mandatory treatment. After the disease is treated, that person shall keep serving the sentence if there are no reasons to do otherwise.

The duration of mandatory treatment shall be deducted from the imprisonment duration.

Pursuant to Article 21 of the Criminal Code in 2015 stipulating lack of criminal capacity as follows:

A person who commits an act that is dangerous to society is suffering from a mental disease or another disease that causes him/her to lose his/her awareness or control of his/her behaviors is exempt from criminal responsibility.

According to current regulations, there is no specific provision regarding the mandatory treatment of mentally ill individuals who have been sentenced to death. If a person who has been convicted and sentenced to death is diagnosed with a mental illness and lacks civil capacity, they may not fall under the category of mandatory treatment. However, regardless of their status as a convicted criminal facing the death penalty, if they are diagnosed with a mental illness, they may still receive treatment.

Is it mandatory to treat mentally ill prisoners in Vietnam? Can the death sentence be reduced for convicted criminals in Vietnam? - Image from Internet

Can the death sentence be reduced for convicted criminals in Vietnam?

Pursuant to Article 40 of the Criminal Code in 2015 stipulating death sentence as follows:

1. Death sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes and some other extremely serious crimes defined by this document.

2. Life imprisonment shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age and people from 75 years of age or older when they commit the crime or during trial.

3. The life sentence shall not be executed in the following circumstances:

a) The convict is pregnant or a woman raising a child under 36 months of age;

b) The sentenced person is 75 years of age or older;

c) The person sentenced to death for embezzlement or taking bribes, after being sentenced, has returned at least three quarters of the property embezzled or bribes taken, closely cooperates with the authorities in the process of investigation or trial or has made reparation in an effort to atone for the crime.

4. In the circumstances specified in Clause 3 of this Article or the death sentence is commuted, the death sentence shall be replaced with life imprisonment.

Thus, convicted individuals can only have their sentences reduced to life imprisonment if they fall under the conditions specified in this Clause 3. However, in the case you mentioned, being diagnosed with a mental illness does not fall under these conditions. Therefore the sentence may not be reduced.

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