Conditions for deferred imprisonment sentence in Vietnam under the Criminal Code

Conditions for deferred imprisonment sentence in Vietnam under the Criminal Code

A person sentenced to imprisonment may be eligible for deferred imprisonment sentence in Vietnam if they meet the following conditions:

(i) Falls under one of the cases specified in Clause 1, Article 67 of the Criminal Code 2015.

In the case where the person sentenced to imprisonment is a pregnant woman, regardless of whether she intentionally became pregnant and continuously gave birth to evade the obligation of serving the prison sentence or not, or a woman raising a child under 36 months of age, regardless of whether the child is biological or adopted, she may be granted a postponement of the prison sentence execution until the child reaches 36 months of age.

(ii) Has a clear place of residence.

A clear place of residence is a temporary or permanent residence with an address specifically identified according to the provisions of the Law on Residence 2020 where the person sentenced to imprisonment resides and regularly lives;

(iii) After being sentenced to imprisonment, has not committed any serious legal violations, and there is no basis to believe that they will abscond.

Additionally, the Court may grant a postponement of the prison sentence execution to a person who falls under one of the cases specified in Clause 1, Article 67 of the Criminal Code 2015 but does not meet one of the conditions specified in (ii) and (iii), provided the postponement is linked to special circumstances and must be carefully and strictly considered.

Note:

- During the time granted for the postponement of the prison sentence execution, if the person granted the postponement becomes pregnant again or has to continue raising a child under 36 months of age, the Court may decide to extend the postponement until the youngest child reaches 36 months of age;

- A person granted a postponement of the prison sentence execution under Points c or d of Clause 1, Article 67 of the Criminal Code 2015 may be granted one or multiple postponements, but the total maximum time granted for postponements cannot exceed 01 year.

Resolution 03/2024/NQ-HDTP takes effect in Vietnam from July 15, 2024.

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