Cases not eligible for pardon in Vietnam in 2024 under Decision 758/2024/QD-CTN

Cases not eligible for pardon in Vietnam in 2024 under Decision 758/2024/QD-CTN (Image from the Internet)

On July 30, 2024, the President issued Decision 758/2024/QD-CTN regarding pardon in 2024, which outlines the cases not eligible for pardon in Vietnam in 2024.

Cases not eligible for pardon in Vietnam in 2024

Persons who meet the conditions stipulated in Article 3 of Decision 758/2024/QD-CTN are not eligible for pardon if they fall into one of the following categories:

(1) Sentenced to imprisonment for crimes of betraying the Fatherland; activities aimed at overthrowing the people's administration; espionage; territorial security violations; rebellion; terrorism aimed against the people's administration; destruction of material-technical facilities of the Socialist Republic of Vietnam; making, storing, disseminating or propagating information, documents, items against the State of the Socialist Republic of Vietnam; disturbing security; sabotaging detention facilities; committing terrorism or any of the crimes specified in the Chapter on crimes of disrupting peace, against humanity, and war crimes in the Criminal Code.

(2) Where their sentence, part of the judgment, or court decision is under revision according to cassation procedures, reassessment towards increasing criminal liability.

(3) Under investigation for other criminal acts.

(4) Previously granted pardon.

(5) Having two or more prior convictions.

(6) Remaining prison term longer than six years for those specified in clauses 1 and 2 of Article 3; longer than eight years for those specified in clauses 3 and 4 of Article 3 of Decision 758/2024/QD-CTN.

(7) Sentenced to imprisonment for very serious or particularly serious crimes against national security, except for the case specified in (1).

(8) Committing crimes involving the murder of two or more people, organized murder, cruel nature; intentionally causing injury in an organized manner or exhibiting gangster-like behavior or committing the crime multiple times to a person or once to many people, using dangerous acid or dangerous chemicals; incestuous rape; raping children (as per Criminal Code of 1999) or raping persons under 16 years old; trafficking, swapping, or appropriating children (as per Criminal Code of 1999) or trafficking people under 16 years old, swapping infants under one year old or appropriating people under 16 years old; robbery using weapons; robbery, snatching property, theft causing serious harm, very serious harm, particularly serious harm (as per Criminal Code of 1999) or organized robbery, snatching property, theft causing negative impacts on security, order, social safety; opposing law enforcement causing serious consequences (as per Criminal Code of 1999) or organized opposition or committing the crime two or more times or inciting, pulling, provoking others to commit crimes; multiple robberies, multiple snatching, multiple thefts.

(9) Committing crimes related to drugs, robbery, or kidnapping for appropriation where the remaining prison term exceeds one year for those sentenced to less than seven years, two years for those sentenced to seven to fifteen years, or three years for those sentenced to over fifteen years or life imprisonment.

(10) Committing any of the crimes stipulated in the Chapter on offenses against life, health, honor, and dignity of a person in the Criminal Code intentionally, where the remaining prison term exceeds two years for those sentenced to ten to fifteen years or three years for those sentenced to over fifteen years or life imprisonment.

(11) Masterminds, leaders, commanders in organized crime; those using cunning, stubborn resistance in organized crime cases; those with professional criminal conduct.

(12) Proven to have illicitly used narcotics.

(13) Sentenced to imprisonment for three or more crimes, or two or more intentional crimes, including cases of sentence aggregation.

(14) Having one prior conviction and being sentenced to imprisonment for an intentional crime.

(15) Previously sentenced to imprisonment, including cases where the criminal record has been cleared or previously sent to mandatory educational institutions, including former institutions or reform schools, sentenced to imprisonment for any of the following crimes: Drug-related; murder; robbery; snatching; extortion; fraud; theft; kidnapping for ransom; opposing law enforcement; trafficking women (as per Criminal Code of 1985) or human trafficking; disturbing public order; consuming property obtained by others' crimes; usurious loans (as per Criminal Code of 1999) or usurious loans in civil transactions; organizing or brokering for other people to exit, enter, or stay in Vietnam illegally.

More details can be found in Decision 758/2024/QD-CTN which takes effect in Vietnam from July 30, 2024.

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