Suspended Sentence for a 5-Month Imprisonment: What is the Minimum Probation Period?

Based on Clause 1, Article 65 of the Criminal Code 2015, the regulation regarding suspended sentences is as follows:

When sentencing to imprisonment for no more than 03 years, based on the personal identity of the offender and extenuating circumstances, if it is deemed that imprisonment is not necessary, the Court grants a suspended sentence and specifies a probation period from 01 year to 05 years, during which obligations must be fulfilled according to the Law on the Execution of Criminal Judgments.

According to this regulation, the probation period for a suspended sentence is from 01 year to 05 years.

Additionally, Article 4 of Resolution 02/2018/NQ-HDTP also provides for the determination of the probation period as follows:

When granting a suspended sentence to an offender, the Court must determine the probation period to be twice the prison sentence, but not less than 01 year and not more than 05 years.

As a rule, the probation period will be twice the prison sentence but not less than 01 year and not more than 05 years.

Thus, in cases where an individual is sentenced to 5 months in prison but is granted a suspended sentence, the probation period will be 01 year.

Respectfully!