Is stealing property to treat a serious illness exempt from serving a prison sentence in Vietnam?

Is stealing property to treat a serious illness exempt from serving a prison sentence in Vietnam?

Pursuant to Article 62 of the 2015 Criminal Code, the Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:- After being convicted, he has achieved meritorious service;

a) The convict has made reparation in an effort to atone for the crime after being convicted;

b) The convict has a fatal disease;

c) The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.

Thus, if your child has a serious illness and commits a crime and is sentenced to imprisonment for a term of up to 3 years and has not yet served the penalty, he or she may be exempted from serving the prison sentence in Vietnam.

Is stealing property to treat a serious illness exempt from serving a prison sentence in Vietnam? (Image from the Internet)

What is penalty for theft of property in Vietnam?

Pursuant to Article 173 of the 2015 Criminal Code as amended by the 2017 Criminal Code Amendment Law, there are provisions on theft of property as follows:

1. A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has negative impacts on social safety, order, and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family;

dd) The property stolen is a relic.

2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The property stolen is assessed at from VND 50,000,000 to under VND 200,000,000;

d) The offender employs a deceitful method or a dangerous method to commit the offence;

dd) The offender attacks other people to escape;

e) The property stolen is national treasure;

g) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The property stolen is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property stolen is ≥ VND 500,000,000;

b) The offender takes advantage of a war or state of emergency to commit the offence.

5. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.

According to this Article, depending on the specific behavior and other factors, the competent court will give specific punishment to your child in Vietnam.

Procedures for exemption from the serving of prison sentences in Vietnam

Pursuant to Article 39 of the Law on Execution of Criminal Judgments 2019, procedures for exemption from the serving of prison sentences are as follows:

1. The people’s procuracy of province or military procuracy of military zone where the person serving a prison sentence resides or works shall compile a dossier to request the provincial-level people's court or the military court of the military zone to consider exempting such person from serving his/her prison sentence. A request dossier comprises:

a) A copy of the legally effective court judgment;

b) The written request of the competent chief procurator;

c) The inmate's petition for exemption from serving the prison sentence;

d) The inmate's statement on the merit or great merit he/she has made, certified by a competent agency, for inmates who have recorded merits or great merits, or the conclusion of a provincial-or military zone- or higher-level hospital or medical examination council on the illness of the inmate, for inmates suffering a fatal disease; the local government’s certification of the inmate’s good observance of law or severely disadvantaged family, for inmates who has observed the law well and has a severely disadvantaged family.

2. Within 15 days after receiving a dossier, the chief judge shall establish a council and hold a meeting to consider the request. The council is composed of 3 judges; the meeting must be attended by the procurator of the same-level procuracy. In case a dossier needs to be supplemented, the time limit for holding a meeting shall be counted from the date of receiving the supplemented dossier.

3. Within 3 working days after issuing a decision to exempt the duration of serving the prison sentence, the court shall send this decision to the sentenced person concerned, the requesting agency, the immediate superior procuracy, the same-level criminal judgment execution agency, the court which has issued the judgment execution decision and the People’s Committee of commune where the sentenced person concerned resides, the military assigned to manage such person or Department of Justice of province where the court which issued the decision is based, Ministry of Foreign Affairs in a case where the sentenced person concerned is a foreigner.

4. Immediately after receiving the exemption decision, the prison, detention center or criminal judgment execution agency of the district-level police office shall carry out procedures to set free such person and report the result to the superior criminal judgment execution management agency or criminal judgment execution agency.

Best regards!