Amnesty is a special clemency decided by the President to release prisoners before their term expires, for those sentenced to fixed-term imprisonment or life imprisonment on the occasion of significant events, major national holidays, or in special cases. Currently, the Draft Amendment of the 2007 Amnesty Law by the National Assembly is gradually being completed. So, what new notable contents are included in this Draft?
Article table of contents
1. Enhanced Conditions for Clemency Proposal
Firstly, Article 10 of the Revised Draft Law on Clemency adds the condition that the person being proposed for clemency must have committed the crime for the first time. This aligns with the provisions of Article 66 of the Criminal Code 2015. This provision was previously not specified in the Law on Clemency 2007.
Secondly, it raises the conditions concerning the duration of imprisonment already served. According to the Draft, to be proposed for clemency, one must meet the condition of having served a period of imprisonment as decided by the President, but at least ½ the term for definite-term imprisonment and at least 15 years for life imprisonment.
Meanwhile, the Law on Clemency 2007 requires serving at least 1/3 of the term for definite-term imprisonment and at least 14 years for life imprisonment.
Thirdly, Clause 2 of Article 10 in the Draft also provides more detailed and expanded conditions under which individuals may qualify for clemency with a shorter duration of imprisonment. For instance: women who are pregnant or raising children under 36 months old; those who are regularly ill and unable to care for themselves with certified medical documentation;...
2. Changes in Cases Not Eligible for Clemency
The Law on Clemency 2007 stipulates that clemency cannot be proposed for judgments or decisions from the Court if an appeal is pending under cassation or reopening procedures.
In contrast, Article 11 of the Draft specifies that clemency cannot be proposed for the part of the judgment or Court decision under appeal following cassation or reopening procedures aimed at increasing criminal liability.
Thus, cases of cassation or reopening aimed at reducing or maintaining criminal liability are still eligible for clemency proposals.
Additionally, the Draft removes the stipulation barring clemency for those with two or more prior convictions and supplements it by excluding individuals convicted of crimes specified in Chapter XIII, Chapter XXVI, from Articles 353 to 366 of Chapter XXIII, from Articles 368 to 391 of Chapter XXIV, and Article 299 of the Criminal Code 2015.
Illustrative image (Source: Internet)
3. Clemency Provisions for Foreign Prisoners
To address difficulties encountered during the implementation of the Law on Clemency 2007 concerning the management of foreign nationals granted clemency and to concretize our State's humanitarian policy towards foreign offenders, the Draft amends and supplements regulations in Article 19. Specifically, if the competent Vietnamese authorities have notified the diplomatic representative or consular office of the country whose citizen has been granted clemency but these offices have not come to receive them or have yet to do so, the foreign national granted clemency will be arranged to stay at a facility designated by the criminal enforcement management agency while waiting for necessary procedures to be completed.
4. Submitting Clemency Decision to the President No Later Than 60 Days
The Draft specifies procedures for submitting the Clemency Decision to the President, adding a provision that the proposal and draft Clemency Decision must be submitted to the President no later than 60 days before the clemency date, except for cases stipulated in Clause 2, Article 5 of the Draft.
