Here is the notable content of Resolution 02/2018/NQ-HDTP guiding the application of Article 65 of the Criminal Code on suspended sentences.
Article table of contents
Currently, according to the prevailing regulations in Resolution 01/2013/NQ-HDTP, suspended sentences are not allowed for offenders whose criminal acts are condemned by public opinion, especially in cases of office-related crimes. This rule aims to assist in the active fight against crime in general and corruption in particular.
However, in Resolution 02/2018/NQ-HDTP, which provides guidance on the application of regulations regarding suspended sentences and was recently issued, the aforementioned regulation has been abolished. From July 1, 2018, when adjudicating crimes that are condemned by society, the court can still apply suspended sentences to these individuals if they meet all the conditions for 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, with at least 01 mitigating circumstance as specified in Clause 1, Article 51 of the Criminal Code, and no aggravating circumstances as specified in Clause 1, Article 52 of the Criminal Code. In case there is an aggravating circumstance, the number of mitigating circumstances must be at least 02 more than the aggravating circumstances, with at least 01 mitigating circumstance as specified in Clause 1, Article 51 of the Criminal Code;- Having a clear place of residence or stable place of work for the competent authority or organization to supervise and educate;- It is determined that imprisonment is not necessary if the offender is capable of self-rehabilitation and granting a suspended sentence does not pose a danger to society and does not negatively affect social security, order, and safety.
Resolution 02/2018/NQ-HDTP officially takes effect from July 1, 2018.
