Currently in Vietnam, in some cases where the offender has mitigating factors, the Court may consider giving a suspended sentence. Here are the six conditions required for suspended sentence:
Article table of contents
06 conditions for suspended sentences in Vietnam (Illustration)
According to Clause 1, Article 1 of Resolution 01/2022/NQ-HDTP and Article 2 of Resolution 02/2018/NQ-HDTP, a person sentenced to imprisonment may be considered for a suspended sentence when meeting the following 06 conditions:
(1) Being sentenced to imprisonment for not more than 03 years in Vietnam.
(2) Have a good record in Vietnam.
- It is considered to have a good record if, in addition to this crime, the offender always strictly abides by the policies and laws and fully fulfills the obligations of citizens in the place of residence or work.
- For a person who has been convicted but is considered to have no criminal record, who has been convicted but whose criminal record has been expunged, who has been administratively sanctioned or disciplined for which time is not allowed. shall be considered as having not yet been administratively sanctioned or disciplined according to the provisions of law, if it is considered that the nature and extent of the newly committed crime is less serious or the offender is a accomplices who play an insignificant role in the case and meet other conditions can also serve a suspended sentence.
- For convicts who, when determining crime, have used the "disciplinary" or "administratively sanctioned" or "convicted" circumstances and meet other conditions, may also serve a suspended sentence;
- For convicts whose cases are separated to be resolved in different stages (separated into many cases) and meet other conditions, they may also serve suspended sentences.
(3) There are 02 or more mitigating factors of Criminal liability.
Including:
- At least one mitigating factors for criminal liability specified in Clause 1, Article 51 of the CriminalCode;
- No mitigating factors the criminal liability specified in Clause 1, Article 52 of the Criminal Code.
In case there are aggravating circumstances for Criminal liability, the number of extenuating circumstances for Criminal liability must exceed the number of aggravating circumstances for Criminal liability by 02 or more, including at least 01 extenuating circumstance. Criminal liability specified in Clause 1, Article 51 of the Criminal Code.
(4) Having a clear place of residence or a stable place of work for supervision and education by a competent agency or organization in Vietnam
A place of obvious residence is a place of temporary or permanent residence with an address specified in accordance with the Law on Residence where a person serving a suspended sentence returns to reside and live regularly after serving the suspended sentence.
A stable workplace is a place where the offender works for a term of 01 year or more under a labor contract or under a decision of a competent agency or organization.
(5) Considering that there is no need to impose a prison sentence if the offenders are capable of self-education and their suspension does not pose a danger to society; does not adversely affect security, social order and safety.
Nhu Mai
- Key word:
- suspended sentences in Vietnam
