What are the regulations on decision on sentence for multiple crimes in Vietnam?

What are the regulations on decision on sentence for multiple crimes in Vietnam? (Internet image) 

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

1. What are the regulations on decision on sentence for multiple crimes in Vietnam? 

According to Article 55 of the Penal Code 2015, regulations on decision on sentence for multiple crimes in Vietnam are as follows:

When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

- Primary sentence:

+ If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;

+ If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (+) 01 day's imprisonment.

+ If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;

+ If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;

+ Fines shall be aggregated and shall not be combined with other sentences;

+ Expulsion shall not be combined with other sentences;

- Additional sentence:

+ If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

+ If the sentences imposed are of various types, the convict must serve all of them.

2. Combination of sentences of multiple judgments

Article 56 of the Penal Code 2015 stipulates the combination of sentences of multiple judgments as follows:

- If a person who is serving a sentence is tried for a crime committed before such sentence is imposed, the Court shall decide the sentence for the crime being tried and then the combined sentence as prescribed in Article 55 of the Penal Code 2015.

The duration of the previous sentence shall be deducted from that of the combined sentence.

- When a person who is serving a sentence is tried for a new crime, the Court shall decide the sentence for the new crime, then aggregate it with the unserved part of the sentence to make the combined sentence as prescribed in Article 55 of the Penal Code 2015.

- If a person is serving multiple sentences that are not combined, the executive judge of the Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of Article 56 of the Penal Code 2015.

3. Decision on sentences for preparation of crimes or unsuccessful crimes in Vietnam

- A sentence for preparation of a crime or unsuccessful crime shall be decided in accordance with Articles on corresponding crimes hereof and vary according to their nature, danger to society, progress of the crime and other factors that prevent the crime from being committed to the end.

- The sentence for preparation of a crime shall be imposed within the sentence brackets in particular provisions of law.

- The maximum sentence for the unsuccessful crime shall be 20 years if the maximum sentence provided for by corresponding provision of law is life imprisonment or death sentence. The maximum sentence for an unsuccessful crime shall not exceed three quarters of the determinate imprisonment sentence provided for by the corresponding provision of law.

(Article 57 of the Penal Code 2015)

Nguyen Ngoc Que Anh

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