Cases ineligible for a suspended sentence in Vietnam

Cases ineligible for a suspended sentence in Vietnam

Pursuant to Article 3 of Resolution 02/2018/NQ-HDTP and Article 1 of Resolution 01/2022/NQ-HDTP, the cases in which suspended sentences are not allowed include:

(1) The offender is a mastermind, leader, commander, stubbornly opposed, a thug, uses cunning tricks, has a professional nature,
taking advantage of positions and powers for personal gain, intentionally causing particularly serious consequences.

(2) The person who committed the crime has fled and has been wanted or requested to be wanted by the prosecuting agencies, except in cases where he has surrendered before the decision to bring the case to trial.

(3) The person receiving a suspended sentence commits a new crime during the probation period; The person currently serving a suspended sentence is being tried for another crime committed before receiving the suspended sentence.

(4) The offender is tried at the same time for many crimes, except for one of the following cases:

- The offender is under 18 years old;

- The offender was tried and convicted of two crimes, both of which were less serious crimes, or the offender was an accomplice in an accomplice case with an insignificant role.

(5) People who commit the crime 2 times or more, except for one of the following cases:

- The offender is under 18 years old;

- All crimes are less serious crimes;

- During the crimes, the offender was an accomplice in the crime with an insignificant role;

- Crimes committed by the offender's confession.

(6) The offender is a repeat offender or a dangerous repeat offender.

Cases ineligible for a suspended sentence in Vietnam (Internet image) 

Conditions for people sentenced to prison to receive suspended sentences

Pursuant to Article 2 of Resolution 02/2018/NQ-HDTP and Article 1 of Resolution 01/2022/NQ-HDTP, a person sentenced to prison can be considered for a suspended sentence when the following conditions are met:

(i) Sentenced to imprisonment for not more than 03 years.

(ii) The person sentenced to prison has an identity that, in addition to this crime, the offender complies with policies and laws and fully performs the obligations of a citizen in the place of residence and work.

- For people who have been convicted but are considered to have no criminal record, or people who have been convicted but have had their criminal record erased, people who have been sanctioned for an administrative violation or disciplined but as of the date of this crime has passed the time limit is considered to have not been sanctioned for an administrative violation or disciplined according to the provisions of law if it is considered that the nature and severity of the newly committed crime is less serious or the offender is an accomplice with an insignificant role in the case, and if other conditions are met, the sentence can also be suspended;

- For convicted persons who, when determining the crime, use the details "have been disciplined" or "have been sanctioned for an administrative violation" or "have been sentenced" and meet other conditions. The sentence can also be suspended;

- For convicted persons whose cases are separated to be resolved in different stages (split into multiple cases) and who meet other conditions, a suspended sentence may also be granted.

(iii) There are 02 or more circumstances mitigating criminal liability, including at least 01 circumstance mitigating criminal liability specified in Clause 1, Article 51 of the Penal Code 2015 and there are no aggravating circumstances for criminal liability specified in Clause 1, Article 52 of the Penal Code 2015.

In case there are circumstances aggravating criminal liability, the number of circumstances mitigating criminal liability must be 02 or more than the number of circumstances aggravating criminal liability, including at least 01 circumstance mitigating criminal liability specified in Clause 1, Article 51 of the Penal Code 2015.

(iv) Have a clear place of residence or stable place of work for competent agencies and organizations to supervise and educate.

A clear place of residence is a place of temporary or permanent residence with a specifically determined address according to the provisions of the Residence Law 2020 where the person receiving a suspended sentence resides and lives regularly after receiving the suspended sentence.

A stable workplace is a place where an offender works for a period of 1 year or more under a labor contract or according to the decision of a competent agency or organization.

(v) Considering that there is no need to serve a prison sentence if the offender has the ability to reform himself, giving them a suspended sentence does not pose a danger to society; does not adversely affect security, order, or social safety.

(vi) When considering and deciding to grant a defendant a suspended sentence, the Court must carefully and closely consider the conditions to ensure that the suspended sentence is in accordance with the provisions of law, especially for the cases guided by points (2), (4), and (5) above.

Mai Thanh Loi

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