Guidance on cases ineligible for pardon in Vietnam in 2024

Guidance on cases ineligible for pardon in Vietnam in 2024

According to Article 4 of the Decision on pardon in 2024, the Pardon Advisory Council provides specific guidance on several matters related to ineligible cases in Vietnam:

- The basis for determining the cases specified in Clause 8, Article 4 of the Decision on pardon in 2024 is the points, clauses, and articles in the Criminal Code applied by the Court when deciding the punishment.

For cases of armed robbery as stipulated in Clause 8, Article 4 of the Decision on pardon in 2024, in addition to the basis outlined above, it is also based on Article 3 of the Law on Management and Use of Weapons, Explosives, and Supporting Tools 2017 (amended in 2019) to determine whether the object used by the offender in committing the crime is a weapon.

- For cases of repeated robbery, repeated snatching, repeated theft (two or more times) as stipulated in Clause 8, Article 4 of the Decision on pardon in 2024:

The basis for determining multiple offenses is the number of offenses stated in the Judgment, and each offense is criminally prosecuted in the same judgment or the Decision section of the Judgment applying point g, Clause 1, Article 48 of the Criminal Code 1999 or point g, Clause 1, Article 52 of the Criminal Code 2015 (amended in 2017).

Cases serving a cumulative sentence from multiple judgments for the same offense, where each judgment indicates only one offense, are still considered as repeated offenses.

- The basis for confirming illegal use of narcotics, as stipulated in Clause 12, Article 4 of the Decision on pardon in 2024, includes documents in the inmate’s file and the file for the decision to temporarily suspend the serving of a prison sentence (for those currently enjoying temporary suspension), such as:

Judgment; indictment; documents from the investigating agency; test results from medical authorities at the district level or higher; self-declarations from inmates or those currently on temporary suspension specifying the time and number of times narcotics were used; health examination records from the detention center, temporary detention centers, criminal enforcement agencies of district police with the signature (or fingerprint) of the inmate acknowledging the illegal use of narcotics; other documents from the detention facility or competent authorities confirming the inmate or person enjoying temporary suspension has previously used narcotics illegally.

More details can be found in Guidance 88/HD-HDTVDX dated August 2, 2024.

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