Cases of discharge of defendants in Vietnam

Cases of discharge of defendants in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of discharge of defendants in Vietnam

According to Article 328 of the Criminal Procedure Code 2015, in the following events, the Trial panel must declare the immediate discharge, in the courtroom, of a defendant in detention, if he is not held in detention for another crime:

- The defendant is guiltless;

- The defendant is exempt from criminal liabilities or penalties;

- The defendant is not sentenced to imprisonment;

- A suspended jail sentence is imposed on the defendant;

- The length of the jail sentence is equal to or shorter than the length of the detention of  the defendant.

Thus, in the above cases, the defendant shall be discharged at trial.

2. Cases of exemption from serving sentences in Vietnam

Pursuant to Article 62 of the Penal Code 2015, the regulations on exemption from serving sentences are as follows:

- A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.

- The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:

+ The convict has made reparation in an effort to atone for the crime after being convicted;

+ The convict has a fatal disease;

+ The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.

- The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to society.

- If a person who is sentenced to imprisonment of up to 03 years, has had the sentence suspended and has made reparation in an effort to atone for the crime during the suspension period or abides by law or his/her family is facing extreme hardship and he/she is deemed no longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt him/her from serving the rest of the sentence.

- If a fined person has served part of the sentence and is facing prolonged financial hardship due to a natural disaster, conflagration, accident or disease and thus no longer able to pay the remaining fine or has made reparation in an effort to atone for the crime, the Court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining fine.

- If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of the criminal sentence execution authority of the district where he/she serves the sentence, might exempt him/her from serving the rest of the sentence.

- The person exempt from serving a sentence as set out in this Article must fulfill the civil obligations specified in the judgment.

3. Regulations on pronouncement of judgments in Vietnam

The presiding judge or a member of the Trial panel shall read the sentence document. In a closed trial, only the ruling section of the sentence document shall be read. Additional explanations on the abidance by the sentences and the right to appeal may be provided after the reading of the sentence document.

(Article 327 of the Criminal Procedure Code 2015)

Nguyen Ngoc Que Anh

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