Amendments to the regulation on cases not eligible for suspended sentence in Vietnam

Accordingly, cases in which a suspended sentence is not allowed in Vietnam include:

- Offenders are the masterminds, leaders, commanders, stubbornly opposers, thugs, use cunning tricks, are professional, take advantage of positions and powers for personal gain, intentionally cause consequences. special serious.

- Persons who commit criminal acts in Vietnam have fled and have been wanted or requested to be wanted by procedure-conducting agencies, unless they have surrendered before a decision to bring the case to trial is issued.

(Compared to the past, the exception is added: Having surrendered before the decision to bring the case to trial)

- The person serving a suspended sentence in Vietnam commits a new crime during the probationary period; the person serving a suspended sentence is tried for another crime committed before receiving the suspended sentence.

- Offenders are tried at the same time for many crimes, except for one of the following cases:

+ The offender is a person under 18 years of age;

+ The offender is tried and convicted for two crimes, both of which are less serious crimes or the offender is a helper in the case of an accomplice with an insignificant role.

(Previously, there was only one exclusion: The offender was a person under the age of 18)

- The offender commits the crime twice or more, except for one of the following cases:

+ The offender is a person under 18 years of age;

+ The offenses are all less serious crimes;

+ In times of committing a crime, the offender is a helper in the case of accomplices with an insignificant role;

+ Crimes committed by the offender.

(Previously, there was only one exclusion: The offender was a person under the age of 18)

- Offenders fall into the category of dangerous recidivism or recidivism.

Resolution 01/2022/NQ-HDTP comes into force from May 10, 2022.

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