In what cases is the sentence reduced?

GH December 15, 2023 16:06

(Baonghean.vn) - Mr. Le Van Ba ​​in Tan Ky district asked what is the reduction of the announced penalty? According to criminal law, in what cases can the announced penalty be reduced?

Reply:

Punishment is the most severe coercive measure of the State, prescribed in the Penal Code, decided by the Court to be applied to a criminal (including an individual or commercial legal entity) to deprive or limit that person's rights and interests.

Reducing the sentence is the Court's decision to reduce the time of serving the sentence based on the request of agencies, organizations, and local authorities assigned with direct responsibility for supervising and educating the offender.

A person will be granted a reduction in the time of serving the sentence by the Court if during the time of serving the sentence the offender shows many improvements and actively complies with the regulations.

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Illustration photo.

Article 63,The 2015 Penal Code stipulatesreduce the sentence imposed as follows:

1. A person sentenced to non-custodial reform, fixed-term imprisonment or life imprisonment, if he/she has served the sentence for a certain period of time, has made significant progress and has partially compensated for his/her civil obligations, then upon the request of the competent criminal enforcement agency, the Court may decide to reduce the term of sentence. The time served for the first reduction is one-third of the term for non-custodial reform, fixed-term imprisonment, or 12 years for life imprisonment.

2. A person may have his/her sentence reduced multiple times, but must ensure that he/she serves half of the sentence he/she has been sentenced to. A person sentenced to life imprisonment may have his/her sentence reduced to 30 years for the first time, and even if reduced multiple times, he/she must ensure that the actual period of serving the sentence is 20 years.

3. In the case of a person convicted of multiple crimes, including a life sentence, the Court shall only consider reducing the sentence for the first time to 30 years in prison after serving 15 years in prison, and even if the sentence is reduced multiple times, the actual time served must still be 25 years.

4. For a person who has had a part of his/her sentence reduced but then commits a new, less serious crime intentionally, the Court will only consider the first reduction after that person has served half of the total sentence.

5. For a person who has had a part of his/her sentence reduced but commits a new serious, very serious or especially serious crime, the Court shall only consider the first reduction after that person has served two-thirds of the total sentence, or in the case of a total sentence of life imprisonment, the consideration of sentence reduction shall be carried out in accordance with the provisions of Clause 3 of this Article.

6. For a person sentenced to death who is granted clemency or a person sentenced to death in the case specified in Point b or Point c, Clause 3, Article 40 of this Code, the time of serving the sentence to be considered for the first reduction is 25 years and even if it is reduced many times, the actual time of serving the sentence must still be 30 years.

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