Guidelines on the Application of the Criminal Code on Early Prison Release

Draft Resolution Guiding the Regulations on Conditional Early Release

1. Specific Provisions on 04 Cases Where Conditional Early Release is Not Applicable

The offender, even if meeting all conditions for conditional early release, will not be granted such release if they fall into one of the following cases, including:

- Persons convicted of any crimes specified in Chapter XIII (crimes infringing upon national security), Chapter XXVI (crimes destroying peace, against humanity, and war crimes), Article 299 (terrorism) of the 2015 Criminal Code (BLHS 2015);- Persons sentenced to 10 years or more for crimes specified in Chapter XIV (crimes infringing upon security, life, health, and honor of individuals) of BLHS 2015 due to intentional misconduct;- Persons sentenced to 07 years or more for crimes specified in Articles 168, 169, 248, 251, and 252 of BLHS 2015;- Persons sentenced to death but commuted or falling into the cases specified in Clause 3, Article 40 of BLHS 2015.

2. Committed Offense but Erased Criminal Records are Not Considered First-Time Offenders

One of the conditions necessary for applying conditional early release is being a first-time offender. In the case where the offender has committed a crime but had their criminal record erased or was not convicted but the statute of limitations for criminal prosecution has expired, they are not considered first-time offenders.

3. Shortening the Probation Period if at Least ½ of the Probation Period is Served

An individual granted conditional early release may have their probationary period shortened if they have completed at least ½ of the probation period. Additionally, during this probation period, the individual must demonstrate significant progress, shown by strict adherence to the law, fulfillment of obligations, active learning, labor, and correction of errors.

4. Maximum Shortening of Probation Period is 3 Years

An individual granted conditional early release can be considered for shortening the probation period once a year by a period ranging from 01 month to 03 years. If the remaining probation period for the individual granted conditional early release is less than 01 month, the Court may decide to shorten the entire remaining probation period.

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