Conditional Early Release and Some Regulations You Need to Know

1. Concept:

Conditional early release is a humanitarian measure applied by the Court under certain conditions for individuals serving sentences, where it is deemed unnecessary to continue serving the prison sentence in a detention facility.

2. Conditions for Conditional Early Release:

♦ For those serving sentences for serious crimes, very serious crimes, or exceptionally serious crimes, as follows:

- The prison sentence has been reduced;

- First-time offenders;

- Significant progress and good reform awareness demonstrated by good adherence to the Rules and classified as good or higher by legal regulations on the execution of criminal sentences;

- Clear place of residence;

- Have completed the additional penalties which include fines, court costs, and compensation obligations;

- Has served at least half of the term of imprisonment; at least 15 years for those sentenced to life imprisonment but has been reduced to a fixed term.

♦ For those serving sentences for less serious crimes: Meets the conditions for conditional early release for those serving sentences for serious, very serious, or exceptionally serious crimes, except for the condition: "The prison sentence has been reduced."

3. Cases not entitled to Conditional Early Release

♦ Individuals convicted of one of the following crimes: Infringement of national security, crimes against peace, crimes against humanity, war crimes, terrorism;

♦ Individuals sentenced to 10 years or more for one of the crimes infringing on the life, health, dignity, and honor of a person due to intentional acts;

♦ Individuals sentenced to 07 years or more for one of the following crimes:

- Robbery;

- Kidnapping for ransom;

- Illegal production of narcotics;

- Illegal trade of narcotics;

- Appropriation of narcotics.

♦ Individuals sentenced to death and commuted to life imprisonment.

4. Effective Date of the Decision on Conditional Early Release:

- 15 days after the date of signing and issuance.

- Refer to the form of Decision on Conditional Early Release (Form No. 01/HS) and Decision to Cancel the Decision on Conditional Early Release (Form No. 02/HS) at Official Dispatch 160/TANDTC-PC dated July 23, 2018.

Legal Basis:

- Article 60 Criminal Code 2015, as amended by Clause 9 Article 1 Law amending the Criminal Code 2017;

- Resolution 01/2018/NQ-HDT guiding the application of Article 66 and Article 106 of the Criminal Code on conditional early release.

- Official Dispatch 170/TANDTC-PC on the implementation of the provisions of the Criminal Code 2015 and Resolution 01/2018 on conditional early release.

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