Cases ineligible for pardon in Vietnam

Cases ineligible for pardon in Vietnam (Internet image)

1. Eligibility requirements of pardon petitioners in Vietnam

According to Article 11 of the Law on Pardon 2018, the eligibility requirements of pardon petitioners as follows:

- To be eligible for a pardon, a termed prisoner or life prisoner already commuted to termed imprisonment shall fully meet the following eligibility requirements:

+ He/she has made considerable progress in and had a growing awareness of rehabilitation, and have been ranked as good or excellent while serving his/her imprisonment sentence as prescribed in law on criminal judgment enforcement;

+ He/she has served his/her imprisonment sentence for a defined period of time decided by the State President which, however, must represent at least one-third of his/her imprisonment term;

If he/she previously benefited commutation, the commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence;

Or at least fourteen (14) years, for life imprisonment commuted to term imprisonment, if he/she keep benefiting another commutation, such commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence.

In a case where he/she was convicted of sabotaging implementation of socio-economic policies; sabotaging implementation of solidarity policies; organizing, coercing, instigating illegal emigration for the purpose of opposing the people's government;

Illegal emigration for the purpose of opposing the people's government; or he/she was sentenced to at least 10 years’ imprisonment for one of offense prescribed in the Chapter “Offenses against human life, health, dignity and honor” in the Criminal Code on purpose, or he/she was sentenced to at least 7 years’ imprisonment for robbery;

Kidnapping for ransom; illegal manufacturing of narcotic substances; illegal deal in narcotic substances; appropriation of narcotic substances in the Criminal Code and he/she has served his/her imprisonment sentence for a defined period of time decided by the State President which, however, must represent at least a half of his/her imprisonment term;

If he/she previously benefited commutation, the commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence; or at least seventeen (17) years, for life imprisonment commuted to term imprisonment, if he/she keep benefiting another commutation, such commutation duration shall not be included in the duration he/she has served his/her imprisonment sentence;

+ He/she has completely served the additional penalty of fine and has paid the court fee;

+ He/she has fulfilled obligation to return the property or make restitution for the damage caused or other civil obligations in a case where he/she was convicted of corruption offenses or other offenses decided by the State President in every pardon;

+ He/she has fulfilled a part of the obligation to return the property or make restitution for the damage caused or other civil obligations and the remaining part of obligation remains unfulfilled because of his/her financial hardship in a case where he/she was convicted of offenses other than those prescribed in Point d of Article 11 of the Law on Pardon 2018 .

He/she has obtained the consent of the judgment creditor to suspension or non-request of judgment enforcement associated with property that he/she has to return, make restitution or fulfill other civil obligations and such property is not owned by the State.

+ Pardon granted to him/her does not cause negative impact on security and order;

+ He/she does not fall under one of the cases prescribed in Article 12 of the Law on Pardon 2018.

- A person whose imprisonment sentence has been suspended may petition for a pardon if he/she fully meets following eligibility requirements:

+ He/she has made considerable progress in and had a growing awareness of rehabilitation, and has been ranked as good or excellent while serving his imprisonment sentence before the decision on suspension is issued;

+ He/she has served the imprisonment sentence as prescribed in Point b Clause 1 Article 11 of the Law on Pardon 2018;

+ He/she meets requirements prescribed in Points c, d, dd, e and g Clause 1 Article 11 of the Law on Pardon 2018;

+ He/she has strictly complied with laws and regulations during the suspension of imprisonment sentence.

- A person who fully meets requirements prescribed in Points a, c, d, dd, e and g Clause 1, Points a, c and d Clause 2 Article 11 of the Law on Pardon 2018 may has his/her duration of having served their imprisonment sentences decided by the State President shorter than that specified at Point b, Clause 1 of Article 11 of the Law on Pardon 2018 when falling in one of the following cases:

+ He/she has recorded exploits during the time of serving their imprisonment sentences, with certification by the prison or detention center, the criminal enforcement agency of district Public Security or other competent authorities;

+ He/she is a person with meritorious services to the revolution in accordance with law on incentives for people with meritorious services to the revolution; he/she was awarded Brave Combatant title in the Resistance War against the American Empire to Save the Nation; the Labor Hero title, or Resistance-War Order or Medal; he/she is parent, spouse, or child of revolutionary martyrs and has raised the martyrs at an early age; he/she is a child of Vietnamese Heroic Mother; he/she is parent, spouse, or child of people with meritorious services to the revolution and was awarded the medal "For Merit to the Fatherland" or "For Merit to the Nation";

+ He/she has suffered from fatal diseases or chronic ailments that he/she is unable to take care of himself/herself;

+ He/she is under 18 years of age when committing the offense, except for the case prescribed in Clause 4 Article 11 of the Law on Pardon 2018;

+ He/she is 70 years of age or older;

+ He/she lives in a severely disadvantaged family and he/she is the only breadwinner in the family;

+ She is pregnant or has a child less than 36 months of age who is living with her in the prison or detention center;

+ He/she is markedly disabled or severely disabled as prescribed in law on people with disabilities; or he/she has limited recognition and behavior control as prescribed in law on civil matters;

+ Other cases decided by the State President.

- A person under 18 years of age who has served the imprisonment and fully meets requirements prescribed in Points a and g Clause 1 of Article 11 of the Law on Pardon 2018 or a person under 18 years of age whose imprisonment sentence has been suspended fully meets requirements prescribed in Point g Clause 1, Points a and d Clause 2 of Article 11 of the Law on Pardon 2018 may has his/her duration of having served their imprisonment sentences decided by the State President shorter than that specified at Point b, Clause 1 of Article 11 of the Law on Pardon 2018.

2. Cases ineligible for pardon in Vietnam

According to Article 12 of the Law on Pardon 2018, cases ineligible for pardon in Vietnam inlcude:

Persons who fully meet the eligibility requirements specified in Article 11 of this Law may not petition for pardon in the following cases:

(1) He/she is convicted of

- High treason;

- Activities against the people's government;

- Espionage;

- Infringement upon territory;

- Rebellion;

- Terrorism to oppose the people's government;

- Sabotaging facilities of Socialist Republic of Vietnam;

- Making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam;

- Disruption of security;

- Disruption of detention facilities;

- Terrorism and one of offenses prescribed in the Chapter “Disturbing the peace, crimes against humanity and war crimes” of the Criminal Code;

(2) The whole or a part of court judgments or rulings against him/her is being appealed according to cassation or reopening review towards more severe criminal liability;

(3) He/she is being examined for penal liability for other criminal acts;

(4) He/she was previously granted pardon;

(5) He/she has two or more previous convictions;

(6) Other cases decided by the State President.

Ngoc Nhi

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