Vietnam: Is a person charged with robbery under Clause 2 eligible for a suspended sentence?

Article 168 of the Criminal Code 2015 stipulates robbery in Vietnam as follows:

1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.

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

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence causes 11% - 30% WPI for the victim;

d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;

dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;

e) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person.

g) The offence has a negative impact on social safety, order and security;

h) Dangerous recidivism.

...

According to Clause 1 Article 65 of this Code:

Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give a suspended sentence with a probation period of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem unnecessary.

Therefore, your friend will face a penalty of 07 - 15 years' imprisonment, and will not be eligible for a suspended sentence if he is sentenced by the Court according to Clause 2.

Where your friend is sentenced to 3 years in prison and meets the conditions for a suspended sentence, if it is considered unnecessary to enforce the imprisonment, the Court in Vietnam might give a suspended sentence with a probation period of 1 - 5 years.

See more: What are the conditions for a suspended sentence according to the Criminal Code 2015?

Respectfully!