Resolution 02/2018/NQ-HDTP has just been issued by the Council of Judges of the Supreme People's Court to provide guidance on the application of Article 65 of the Criminal Code regarding suspended sentences.
Resolution 02 provides detailed regulations on instances where probation is not granted, including:
- The offender is the mastermind, stubbornly resists, uses cunning tricks, abuses power for personal gain, or intentionally causes particularly serious consequences;- The individual who committed the crime escapes and has been sought for arrest by prosecuting authorities;- The person on probation commits a new crime during the probationary period;- The offender is judged in the same trial for multiple crimes, or commits repeated offenses;- The offense falls under recidivism or dangerous recidivism cases.
Note: When granting probation, the Court must set the probation period at twice the length of the prison sentence, but not less than 1 year and not more than 5 years.
Details can be found in Resolution 02/2018/NQ-HDTP, effective from July 1, 2018.
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