Cases where the death penalty is not applied and death sentence is executed

Reply:

The death penalty is the most severe penalty in the system of penalties under Vietnamese law as stipulated in the Penal Code. This is a special penalty only applied to those who commit particularly serious crimes in one of the groups of crimes against national security, against human life, drug crimes, corruption and some other particularly serious crimes.

However, there are still some cases where the death penalty is not applied or the death sentence is not carried out.

Specifically, Clause 2, Article 40 of the 2015 Penal Code (amended and supplemented 2017)no death penaltyfor the following cases:

-Persons under 18 years of age when committing crimes;

-Pregnant women, women raising children under 36 months old;

-Persons 75 years of age or older when committing a crime or when on trial.

In addition, Clause 3, Article 40 of the 2015 Penal Code (amended and supplemented in 2017) stipulates:not carry out the death penaltyfor a convicted person if he falls into one of the following cases:

-Pregnant women or women raising children under 36 months old;

-People 75 years of age or older;

- A person sentenced to death for embezzlement or bribery, who after being sentenced has proactively returned at least three-quarters of the embezzled or bribed property and actively cooperated with authorities in detecting, investigating, and handling crimes or has made great achievements.

However, in the case provided for above or in the case where the person sentenced to death is pardoned, the death penalty shall be converted to life imprisonment.