Resolution 02/2018/NQ-HDTP guiding the application of Article 65 of the Criminal Code on suspended sentences was passed by the Judicial Council of the Supreme People's Court on May 15, 2018, and officially implemented from July 1, 2018.
Article table of contents
>> Download: RESOLUTION 02/2018/NQ-HDTP
05 Conditions to be Granted Suspended Sentence:
A person sentenced to imprisonment may be considered for a suspended sentence when the following 05 conditions are met:
- Sentenced to imprisonment for no more than 03 years;- Possess good personal background;- Have at least 02 mitigating circumstances for criminal liability or more, including at least 01 mitigating circumstance for criminal liability prescribed in Clause 1 Article 51 of the Penal Code and not have any aggravating circumstance for criminal liability prescribed in Clause 1 Article 52 of the Penal Code;- Have a clear place of residence or stable place of work;- It is deemed unnecessary to compel the execution of the imprisonment sentence if the offender has the ability to self-rehabilitate and granting a suspended sentence does not pose a danger to society; does not adversely affect public security, order, or safety.
06 Cases Not Granted Suspended Sentence:
- The offender is a mastermind, leader, commander, stubbornly resisting, thug, uses cunning tricks, has a professional nature, exploits their position or power for personal gain, or intentionally causes particularly serious consequences;- The person committing the offense escapes and is proposed for prosecution by the judicial authorities;- The person granted a suspended sentence commits a new crime during the probation period; the person currently granted a suspended sentence is tried for another crime committed before the suspended sentence was granted;- The offender is tried concurrently for multiple offenses, except in cases where the offender is under 18 years old;- The offender commits multiple offenses, except in cases where the offender is under 18 years old;- The offender is a repeat offender, posing a dangerous repeat offense.
For details, see Resolution 02/2018/NQ-HDTP which replaces Resolution 01/2013/NQ-HDTP on November 06, 2013.
