A suspended sentence is a conditional measure of exemption from prison sentence, applicable to imprisonment of up to 3 years, based on the consideration of the offender's record and mitigating factors and imprisonment is deem unnecessary.
The Resolution No. 01/2022/NQ-HDTP ("Resolution 01") amending and supplementing a number of articles of the Resolution No. 02/2018/NQ-HDTP ("Resolution 02") guiding the application of Article 65 of the Criminal Code on suspended sentences issued on February 23, 2022 and has officially taken effect since May 10, 2022. However, recently, on September 7, 2022, the Supreme People's Court ("SPC") issued the Consolidation Document No. 02/VBHN-TANDTC merging the aforementioned two Resolutions.
Incidentally, serving for Valued Clients understandings on the latest guidance of the SPC regarding suspended sentences, ATA Legal Services shall update the notable points in Resolution 01, specifically:
1. Loosening regulations on personal conditions for consideration of suspended sentence application
- Remove the condition of “good record”.
In Resolution 02, the SPC stipulated that the person subject to a suspended sentence must have a “good record”, which means, “besides this crime, the offender always correctly abides by the policies and laws and fully implements obligations of citizens in residence and work places”.
Resolution 01 has removed the qualitative provisions and only stipulates the condition of “having record that that besides this crime, the offender always abides by the policies and laws and implements obligations of citizens in residence and work places”.
- Not required an extra 06 months after the time a person is considered to have no criminal records, criminal records expunged, or have not been administratively sanctioned or disciplined when considering a suspended sentence for cases where the convict has been previously sentenced to prison, administratively sanctioned or disciplined.
- Supplement cases of satisfication of record conditions when considering a suspended sentence:
+ Convicts who, at the time of criminal offence determination, used the factor of “have been disciplined” or “have been administratively sanctioned” or “have been sentenced”;
+ Convicts whose cases are separated for settlement in different stages (separated into multiple cases).
2. Supplement exclusions of cases not eligible for suspended sentences, which means supplement cases subject to suspended sentences
- Offenders escaped and were wanted or requested for wanting by the proceeding agencies but surrendered before the adopting decision to bring the case to trial;
- Offenders are tried for 02 crimes or commit crimes twice or more but the crimes committed are all less serious crimes or the offenders participate as an insignificant helpers in a complicity case;
- A person who commits crimes twice or more but all were confessed himself[1].
The addition of the aforementioned cases for suspended sentence consideration indicates the leniency and humanity of Vietnamese laws, especially for less serious and repentant crimes.
However, these regulations of the SPC also requires lower courts and judges to be more careful when considering, adjudicating and convicting to ensure the correct judments and deterrence of the punishments.
[1] Article 1.2 of Resolution 01, amending and supplementing clauses 2, 4 and 5 Article 3 of Resolution 02.
Comment: