"Suspended sentence means the conditional exemption from execution of the penalty of imprisonment which is applied by the court to an offender who is sentenced to termed imprisonment not more than 3 years, when the court, based on the personal background of the offender and extenuating circumstances, sees it unnecessary to compel the execution of the imprisonment" (Article 1 Resolution 01/2013/NQ-HDTP)
The convicted person who is currently under suspension or temporary suspension, is granted a suspended sentence in Vietnam when meeting the conditions specified in Official Dispatch 330/TANDTC-V1 issued on November 1, 2016, regarding the consideration and recommendation for amnesty in special cases during the National Day (September 2, 2016). To be specific:
Granting suspended sentences to offenders demonstrates the humanitarian nature of Vietnamese law, enabling them to work and reform themselves, and become contributing members of society without needing to be isolated from the community. However, currently, there is still limited public understanding about suspended sentences. Many people confuse a suspended sentence with other criminal penalties and are unclear about the conditions for eligibility and ineligibility for suspended sentences.
Are persons serving suspended sentence allowed to change place of residence in Vietnam? If it is allowed, what are the conditions for this matter? - Le Thong (Tien Giang)
Official Letter 02/TANDTC-PC to guide the settlement of problems related to the application of suspended sentences in case of breach of contracts, in which the court has applied the aggravating circumstance of "insecticidal nature".
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