Resolution No. 01/2013/NQ-HDTP of November 6, 2013

Pursuant to the Law on Organization of People’s Courts;

For proper and uniform application of the provisions of Article 60 of the Penal Code;

After reaching agreement with the Chairperson of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Suspended sentence

Suspended sentence is the conditional exemption from execution of the penalty of imprisonment handed down by the court to an offender who is sentenced to termed imprisonment of up to 3 years, when the court, based on the personal background of the offender and extenuating circumstances, sees unnecessary to compel the execution of the penalty of imprisonment.

Article 2. Consideration of handing down of suspended sentence to persons sentenced to imprisonment

1. A person sentenced to imprisonment may be considered for suspended sentence only when fully satisfying the following conditions:

a/ He/she is sentenced to imprisonment of up to 3 years for a less serious crime, serious crime or very serious crime as classified in Clause 3, Article 8 of the Penal Code;

b/ He/she has a good personal background as proved that he/she, except the commission of this crime, has always respected the public rules, properly observed law and policies, fulfilled civic obligations in his/ her place of residence and workplace, never violated law-prescribed prohibitions and never been convicted, administratively handled or disciplined.

Offenders who had previous convictions already remitted or automatically remitted will be regarded as having never been convicted; or offenders who had been administratively handled or disciplined are now regarded as having never been administratively handled or disciplined because the duration after which they will be regarded as so has expired or the statute of limitations for administratively handling or disciplining them has expired but their personal backgrounds will not be regarded as good. The handing down of suspended sentence to these persons must be taken into careful consideration. Only those who fall into any of the following cases may be considered for suspended sentence:

b1/ Those who had been sentenced to between over 3 and 15 years in prison for a crime committed intentionally (including the case of augmentation of penalties for many crimes or under many judgments) and have had such conviction remitted for more than 2 years by the date of commission of this new crime;

b2/ Those who had been sentenced to up to 3 years in prison for a crime committed intentionally and have had such conviction remitted for more than 1 year by the date of commission of this new crime;

b3/ Those who had been convicted for a crime and subjected to caution, fine or non-custodial reform and have had such conviction remitted for more than 1 year by the date of commission of this new crime;

b4/ Those who had been convicted for a crime committed unintentionally and have had such conviction remitted;

b5/ Those who had been consigned into compulsory education establishments twice or more and have been regarded as having never been administratively handled for more than 2 years by the date of commission of this new crime;

b6/ Those who had once been consigned into compulsory education establishments and administratively sanctioned or disciplined for many times and have been regarded as having never been administratively handled or sanctioned or disciplined for more than 2 years by the date of commission of this new crime;

b7/ Those who had been consigned into compulsory education establishments and have been regarded as having never been administratively handled for more than 18 months by the date of commission of this new crime;

b8/ Those who had been administratively handled or disciplined twice or more and have been regarded as having never been administratively handled or disciplined for more than 18 months by the date of commission of this new crime; 

b9/ Those who had been administratively handled or disciplined for an act of the same nature with this new crime and have been regarded as having never been administratively handled or disciplined for more than 1 year by the date of commission of this crime;

b10/ Those who had been administratively handled or disciplined and have been regarded as having never been administratively handed or disciplined for more than 6 months by the date of commission of this new crime;

bl1/ Those who have been subject to the administrative handling measure of education in communes, wards or townships or consignment into compulsory detoxification establishments and are now regarded as having never been administratively handled after the prescribed duration expires;

c/ He/she has a place of resided with a specific and clear address;

d/ He/she has no circumstance aggravating his/her penal liability as prescribed in Clause 1, Article 48 of the Penal Code and has two or more circumstances extenuating his/her penal liability, including at least one circumstance prescribed in Clause 1, Article 46 of the Penal Code. If he/she has one aggravating circumstance, he/she must have three or more extenuating circumstances, including at least two ones prescribed in Clause 1, Article 46 of the Penal Code.

Extenuating circumstances prescribed in Clause 2, Article 46 of the Penal Code are guided at Point c, Section 5 of Resolution No. 01/2000/NQ-HDTP of August 4, 2000, of the Judges’ Council of the Supreme People’s Court, guiding the application of a number of provisions in the General Part of the 1999 Penal Code;

dd/ He/she can reform himself/herself into a good person and his/her exemption from execution of the imprisonment penalty will not badly affect the prevention and combat of crimes, especially corruption.