Cases in Which an Offender Is Considered to Have Good Personal Background

Duy Thinh

08:37, 11/07/2024

Resolution 02/2018/NQ-HDTP provides guidance on the application of Article 65 regarding suspended sentences, stipulating that good character is one of the conditions for the Court to consider granting a suspended sentence to the offender. So, in which cases is an offender considered to have good character?

At Clause 2, Article 2 of Resolution 02/2018/NQ-HDTP, it is stipulated that an offender is considered to have good personal character if, apart from this offense, the offender always complies with policies, laws, and fully performs their duties as a citizen at their place of residence and workplace.

It can be understood that an offender with good personal character is a person who has not previously committed any legal violations and this person will be considered for a suspended sentence.

However, Resolution 02/2018/NQ-HDTP also stipulates that an offender who has previously committed legal violations can still be considered for a suspended sentence if they fall into one of the following cases:

- The offender has been convicted but falls into the category of having no criminal record;- The convicted person has had their criminal record expunged;- The person has been administratively sanctioned or disciplined, but the time considered as not having been administratively sanctioned or disciplined until the date of the new offense has passed 6 months.

The aforementioned cases are considered for a suspended sentence if the severity of the new offense is minor or the offender is a co-offender with an insignificant role in the case and meets other conditions.

Resolution 02/2018/NQ-HDTP takes effect from July 1, 2018.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn