The Judicial Council of the Supreme People's Court has recently promulgated Resolution 02/2018/NQ-HDTP providing guidance on the application of Article 65 of the Criminal Code regarding suspended sentences. Notable new points include the following:
Article table of contents
1. Granting Suspended Sentences to Individuals Under 18 Who Commit Multiple Offenses
According to Clause 5, Article 3 of Resolution 02/2018/ND-HDT, the provision of not applying suspended sentences to those who commit multiple offenses does not apply in cases where the offender is under 18 years of age.
Thus, individuals under 18 years of age who commit multiple offenses can still be granted a suspended sentence if they fully satisfy the conditions for applying a suspended sentence, such as:
- Being sentenced to imprisonment for no more than 03 years;- Having good personal background;- Having at least 02 mitigating circumstances of criminal liability or more, including at least 01 mitigating circumstance of criminal liability stipulated in Clause 1, Article 51 of the Criminal Code and not having any aggravating circumstances of criminal liability stipulated in Clause 1, Article 52 of the Criminal Code. Where there are aggravating circumstances of criminal liability, the number of mitigating circumstances of criminal liability must be more than the number of aggravating circumstances of criminal liability by at least 02, including at least 01 mitigating circumstance of criminal liability stipulated in Clause 1, Article 51 of the Criminal Code;- Having a clear place of residence or stable job for the authorities and competent organizations to supervise and educate;- It is deemed unnecessary to enforce imprisonment if the offender is capable of self-reformation and granting a suspended sentence does not pose a danger to society, nor adversely affect social security, order, or safety.
In addition, according to Clause 5, Article 3 of Resolution 02/2018/ND-HDT, individuals under 18 years of age who are tried for multiple offenses in one trial are also granted suspended sentences if they fully satisfy the above-mentioned conditions.
2. Removal of the Provision Prohibiting Suspended Sentences for Crimes Condemned by Public Opinion
Resolution 01/2013/ND-HDT stipulated that no suspended sentences would be granted for crimes condemned by public opinion. However, this provision has been removed in Resolution 02/2018/ND-HDT and is no longer mentioned.
3. Offenders with Expunged Criminal Records or No Criminal Records Are Still Considered to Have Good Personal Background
The current regulations in Resolution 01/2013/ND-HDT explicitly state that offenders with criminal records that have been expunged are considered as having no previous convictions; those who have been subject to administrative or disciplinary measures but have completed the time limit for such measures are considered as having no previous administrative or disciplinary sanctions, but they are not considered to have good personal backgrounds and are not eligible for suspended sentences.
However, Clause 2, Article 2 of Resolution 02/2018/ND-HDT determines that the above-mentioned cases are still considered to have good personal backgrounds to be eligible for suspended sentences.
4. Addition of Cases Not Eligible for Suspended Sentences
Resolution 02/2018/ND-HDT stipulates the following cases where suspended sentences are not granted:
- Offenders who are ringleaders, masterminds, commanders, persistently resisting, thugs, using deceitful tricks, having a professional nature, abusing positions and powers for personal gain, or intentionally causing particularly serious consequences;- Offenders who flee after committing the crime and have been sought by the procedural authorities;- Those who commit new offenses during the probation period; those who are granted suspended sentences but are tried for a different offense committed before being granted the suspended sentence;- Offenders being tried for multiple offenses in one trial, except those under 18 years of age;- Offenders who commit multiple offenses, except those under 18 years of age;- Offenders who fall under the category of repeated offenders or dangerous repeat offenders.
See the detailed content in Resolution 02/2018/ND-HDT, which officially came into effect on July 01, 2018.
