6 cases where criminals are not entitled to suspended sentences
(Baonghean.vn) - Mr. Nguyen Van Tinh, residing in Quy Hop district, asked what cases the criminal law stipulates that are not eligible for a suspended sentence?
Reply:
Suspended sentence is a measure of exemption from serving a prison sentence applied to criminals with light sentences and good personal and criminal records who are considered by the Court and decided to receive a suspended sentence.
Suspended sentences are considered a lenient measure of the law for those who violate criminal law to give them a chance to correct their mistakes. However, not everyone is entitled to a suspended sentence.
In Article 3, Resolution No. 02/2018/NQ-HDTP dated May 15, 2018 of the Council of Judges of the Supreme People's Court guiding the application of Article 65 of the Penal Code on suspended sentences (amended and supplemented by Resolution No. 01/2022/NQ-HDTP dated April 15, 2022) stipulates 6 cases that are not eligible for suspended sentences as follows:
1. The offender is the mastermind, leader, commander, stubborn opponent, thug, using cunning tricks, professional, taking advantage of position and power for personal gain, intentionally causing especially serious consequences.
2. The person who committed the crime has fled and has been wanted or requested to be wanted by the prosecuting agencies, except in cases where he/she has surrendered before the decision to bring the case to trial is made.
3. A person serving a suspended sentence commits a new crime during the probation period; a person serving a suspended sentence is tried for another crime committed before receiving the suspended sentence.
4. A criminal may be tried at the same time for multiple crimes, except in one of the following cases:
- The offender is under 18 years old;
- The offender was tried and convicted of two crimes, both of which were less serious crimes, or the offender was an accomplice in the case with an insignificant role.
5. Persons who commit crimes 02 times or more, except in one of the following cases:
- The offender is under 18 years old;
- All crimes are less serious crimes;
- In the cases of crimes, the offender was an accomplice in the case with an insignificant role;
- Crimes committed by the offender himself.
6. The offender is a recidivist or dangerous recidivist.
