Who will be granted amnesty?

These are issues that public opinion is particularly interested in regarding the Amnesty Law (amended) this time.

Currently, the authorities are collecting opinions on the Amnesty Law (amended), urgently completing the draft to submit to the National Assembly in the upcoming session. To meet the needs of readers about the Amnesty Law (amended), CAND Newspaper would like to introduce new points and issues of interest to readers in this draft law.

The new point that most interests public opinion is the conditions, rights and obligations of the person receiving amnesty.

Prisoners study the criteria for amnesty.

The draft law clearly states that a person sentenced to a fixed-term prison sentence or life imprisonment that has been reduced to a fixed-term prison sentence and is serving a prison sentence and is eligible for amnesty must meet the following conditions: first-time offender; comply with the regulations of the prison or detention camp; actively study and work; and be classified as good or better during the prison sentence.

In particular, the prison sentence must be served for at least half of the time in the case of a fixed-term prison sentence. If the prison sentence has been previously reduced, the reduced term will not be counted towards the time for consideration for amnesty (according to the 2007 Amnesty Law, at least 1/3 of the time must be served).

In case of life imprisonment, the person must serve at least 15 years before being proposed for amnesty (according to the Amnesty Law 2007, it is 14 years). If after being reduced to a fixed-term prison sentence, the prison term is further reduced, the subsequent reduced term will not be counted towards the time served in prison.

The person proposed for amnesty must complete the additional penalty of a fine, compensation for damages, court fees or other civil obligations. Those who have made great contributions during the time of serving their prison sentence such as: helping prisons, detention camps, criminal enforcement agencies of the district-level police, criminal proceedings agencies to detect, arrest and investigate crimes; saving the lives of others or assets worth VND 50 million or more of agencies, organizations and individuals in wartime, emergency situations, natural disasters, epidemics or special social difficulties; having valuable inventions, initiatives or other special achievements confirmed by prisons, detention camps, criminal enforcement agencies of the district-level police, will be decided by the President to have a shorter prison sentence than prescribed.

Prisoners who are war invalids; sick soldiers; people with achievements in fighting to protect the Fatherland and build society, awarded one of the following titles: Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Physician, People's Artist, Brave Soldier, awarded one of the medals or Resistance Medals; have biological father, biological mother, wife or husband, biological children, biological brothers, biological sisters or adoptive father, adoptive mother, legally adopted children of martyrs; biological children, adopted children of Vietnamese Heroic Mothers; children of families awarded the Family with Merit Certificate. Are people who are suffering from a serious illness or one of the diseases confirmed by the medical council, hospital at the provincial or military region level or higher.

People aged 60 years or older who are frequently sick and must be hospitalized for 90 consecutive days or more, or are hospitalized multiple times for 30 days or more each time, cannot work, cannot take care of themselves, and are no longer a danger to society, with a conclusion from a medical examination board or written confirmation from a hospital at the provincial or military region level or higher.

Prisoners whose families are in particularly difficult economic circumstances due to natural disasters, epidemics, fires, accidents... and who themselves are the sole breadwinners in their families with confirmation from the People's Committee of the commune or competent authority...; pregnant women or women with children under 36 months old; under 18 years old when committing the crime; and people aged 70 or older may also be considered by the President for a shorter prison sentence than prescribed.

Cases that are not recommended for amnesty include: the part of the court's judgment or decision against that person that is being appealed under the supervisory or retrial procedures in the direction of aggravating criminal liability; being prosecuted for criminal liability for another crime; a person convicted of one of the crimes specified in Chapter XIII, Chapter XXVI, from Article 353 to Article 366 and Chapter XXIII, from Article 368 to Article 391 of Chapter XXIV and Article 229 of the Penal Code; a person sentenced to death who is granted amnesty or falls under the case specified in Clause 3, Article 40 of the Penal Code.

The President decides on other cases that are not eligible for amnesty based on the conditions and situation of the country and the requirements of the fight against crime.

The person proposed for amnesty must have an application for amnesty; documents proving the personal and family circumstances of the person proposed for amnesty; documents proving that he/she has completed the additional penalty of a fine, compensation for damages, court fees or other civil obligations; a commitment not to violate the law, to fully comply with the additional penalty of a fine, compensation for damages, court fees or other civil obligations after being granted amnesty.

As for foreigners, there must be a written consent to receive them from the diplomatic representative agency or consular agency of the country of which the person is a citizen if they are granted amnesty.