Suspended Sentence of 2 Years and 6 Months Imprisonment with a 5-Year Probation Period?

Pursuant to Clause 1, Article 65 of the Criminal Code 2015, it is stipulated:

When sentencing to imprisonment not exceeding 03 years, based on the personal background of the offender and mitigating circumstances, if it is deemed unnecessary to enforce the imprisonment sentence, the Court shall grant a suspended sentence and set a probation period from 01 year to 05 years and perform obligations during the probation period as prescribed by the Law on Enforcement of Criminal Judgments.

According to this regulation, the probation period when granted a suspended sentence is from 1 year to 5 years.

Additionally, Article 4 of Resolution 02/2018/NQ-HDTP also stipulates:

When granting a suspended sentence to the offender, the Court must set the probation period to be twice the length of the imprisonment sentence, but not less than 01 year and not more than 05 years.

As a principle, the probation period shall equal twice the length of the imprisonment sentence but not less than 01 year and not more than 05 years.

As per the information you provided, if the individual is sentenced to 2 years and 6 months of imprisonment (i.e., 2.5 years of imprisonment) with a suspended sentence, the probation period will be 2.5 x 2 = 5 years of probation.

Thus, in this case, the Court setting a probation period of 05 years is conformable.

Respectfully!