Decision on cases not eligible to be proposed for pardon issued by the President of Vietnam in 2024

Decision on cases not eligible to be proposed for pardon issued by the President of Vietnam in 2024 (Image from the Internet)

On July 30, 2024, the President of Vietnam issued Decision 758/2024/QD-CTN regarding pardon for 2024.

Decision on cases not eligible to be proposed for pardon issued by the President of Vietnam in 2024 

According to Article 4 of Decision 758/2024/QD-CTN, the cases not eligible to be proposed for pardon in 2024 are as follows:

- Convicted and sentenced to imprisonment for the crime of treason against the Fatherland; activities aimed at overthrowing the people's administration; espionage; infringement upon territorial security; rioting; terrorism aimed at opposing the people's administration; destruction of physical - technical facilities of the Socialist Republic of Vietnam; making, storing, distributing or propagating information, documents, or items against the State of the Socialist Republic of Vietnam; disrupting security; sabotaging detention facilities; terrorism or one of the crimes stipulated in the Chapter on crimes of harming peace, against humanity and war crimes of the Ciminal Code 2015.

- The verdict, part of the verdict or decision of the Court against that person being appealed according to cassation or reopening procedures towards heavier criminal liability.

- Being prosecuted for other criminal offenses.

- Have previously been granted pardon.

- Have two or more prior convictions.

- The remaining imprisonment term is over six years for those specified in clauses 1, 2 of Article 3; over eight years for those specified in clauses 3, 4 of Article 3 of Decision 758/2024/QD-CTN.

- Convicted and sentenced to imprisonment for very serious or particularly serious crimes infringing upon national security, except for the case specified in clause 1 Article 4 of Decision 758/2024/QD-CTN.

- Committed murder of two or more people, or organized murder, or committed the crime in a cruel manner; intentionally causing injuries in an organized manner, or with a hooligan nature, or committed the crime multiple times against one person or once against many people, or using dangerous acid or hazardous chemicals; incestuous rape; raping minors (according to Ciminal Code 1999) or raping individuals under 16 years old; trafficking, swapping, or appropriating minors (according to Ciminal Code 1999) or trafficking individuals under 16 years old, or swapping individuals under 1 year old, or appropriating individuals under 16 years old; armed robbery; robbery, theft causing serious, very serious, or particularly serious consequences (according to Ciminal Code 1999) or robbery, theft in an organized manner or causing adverse effects on security, order, and social safety; resisting law enforcement officers causing serious consequences (according to Ciminal Code 1999) or in an organized manner, or committed the crime multiple times, or instigated, lured, incited others to commit the crime; committed robbery, theft multiple times (two or more times).

- Committed crimes related to drugs, armed robbery, or kidnapping for ransom with the remaining imprisonment term over one year for those sentenced to less than seven years in prison, or the remaining imprisonment term over two years for those sentenced to 7 to 15 years in prison, or the remaining imprisonment term over three years for those sentenced to over 15 years, life imprisonment.

- Committed one of the crimes specified in the Chapter on crimes infringing upon human life, health, dignity, honor in Ciminal Code 2015 intentionally with the remaining imprisonment term over two years for those sentenced to 10 to 15 years in prison, or the remaining imprisonment term over three years for those sentenced to over 15 years, life imprisonment.

- Masterminds, leaders, commanders in organized crime; those who used cunning tricks, stubborn resistance in organized crime; those who committed crimes in a professional manner.

- There is evidence confirming the illegal use of narcotic substances.

- Sentenced to imprisonment for committing three or more crimes, or two or more intentional crimes, including cases of cumulative penalties.

- Have one prior conviction and then being sentenced to imprisonment for an intentional crime.

- Have previously been sentenced to imprisonment, including cases of expunged convictions, or have been sent to compulsory education establishments, including previous education establishments, or have been sent to reformatory schools and then be sentenced to imprisonment for one of the following crimes: Drug crimes; murder; robbery; theft; extortion; fraud to appropriate property; resisting law enforcement officers; trafficking in women (according to Ciminal Code 1985) or human trafficking; disturbing public order; receiving stolen property; usury (according to Ciminal Code 1999) or high-interest lending in civil transactions; organizing, brokering for others to exit, enter, or stay in Vietnam illegally.

More details can be found in Decision 758/2024/QD-CTN which comes into force in Vietnam from July 30, 2024.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE