MORE CASES WHERE A CONVICT IS ENTITLED TO SUSPENDED SENTENCE
The Judicial Council of the Supreme People’s Court issues the Resolution No. 01/2022/NQ-HDTP amending and supplementing a number of articles of the Resolution No. 02/2018/NQ-HDTP dated May 15, 2018, of the Judicial Council of the Supreme People’s Court, guiding the application of Articles 65 of the Penal Code regarding suspended sentence on April 15, 2022.
Accordingly, the Resolution stipulates more cases where a convict is entitled to suspended sentence as follows: In case of using the circumstance of “having been disciplined” or “having been administratively sanctioned” or “having been convicted” when determining crime for a convict and other conditions are fully satisfied, such convict may also be entitled to suspended sentence; A convict who is tried and convicted for 2 less serious crimes, or person who is helper playing an insignificant role in a complicity case shall be entitled to suspended sentence, etc.
Besides, the time already in custody or detention of a convict who is entitled to suspended sentence shall not be included in the period of serving the imprisonment penalty to place the probation period. During his/her probation period, if such person commits new crime or violates his/her obligations and is coerced to serve the imprisonment sentence already suspended, the court may include the time already in custody or detention into the period of serving an imprisonment sentence already suspended or serving a new imprisonment sentence.
Also in accordance with this Resolution, in case the first-instance court entitles a convict suspended sentence but the appellate court quashes the first-instance judgments for re-investigation or re-trial and, through re-trial according to the first-instance procedures, the first-instance court upholds the ruling entitling the convict to suspended sentence, the probation period shall be counted from the date the latter first-instance judgment is pronounced.
This Resolution takes effect on May 10, 2022.
