16 types of prisoners ineligible for amnesty in 2016
The 2016 amnesty did not take into account those convicted of very serious acts against national security, terrorist crimes, or organized resistance against law enforcement officers.
On the occasion of National Day, the President of Vietnam grants amnesty and early release to prisoners sentenced to life imprisonment or fixed-term imprisonment, as of November 30th.
Accordingly, those sentenced to fixed-term imprisonment or life imprisonment whose sentences have been reduced to fixed-term imprisonment may be recommended for amnesty if they meet the following conditions:
- Having served at least half of the sentence for a fixed-term prison sentence, if the sentence has been previously reduced, the reduced period will not be counted towards the time already served.
- Serving a minimum of 15 years in life imprisonment, if the sentence is reduced to a fixed term and then further reduced, the subsequent reduction will not be counted towards the time already served.
- Strictly abide by the regulations of the prison, detention center, or temporary holding facility; consistently receive a rehabilitation rating of "good" or higher.
- Completing supplementary penalties such as fines, compensation for damages, recovered funds, court fees, or other civil obligations, except for prisoners not convicted of corruption offenses who are 70 years of age or older, or 60 years of age or older but frequently ill, or those suffering from serious illnesses that render them and their families unable to fulfill.
For those sentenced to fixed-term imprisonment who have served at least one-third of their sentence, and those sentenced to life imprisonment whose sentence has been reduced to fixed-term imprisonment and who have served at least 13 years, a pardon may be recommended if they fall under one of the following circumstances:
- Making significant contributions during the period of serving a prison sentence, with confirmation from the prison, detention center, or the criminal enforcement agency of the district-level police;
- Being a war invalid; a sick soldier; a person with achievements in fighting to defend the Fatherland and building socialism who has been awarded one of the following titles: Hero of the People's Armed Forces, Hero of Labor, People's Teacher, People's Doctor, People's Artist, or the title of Hero in the resistance war against the US for national salvation; a person awarded one of the types of Resistance Orders or Medals; a person whose relative is a martyr; a child of a Vietnamese Heroic Mother; a child of a family with meritorious service to the nation;
- When the offender is a minor;
- Individuals aged 70 and above;
- Individuals suffering from serious illnesses or those aged 60 or older who are frequently ill and unable to care for themselves, with a medical examination report or written confirmation from a competent health authority;
- Having exceptionally difficult family circumstances and being the sole breadwinner in the family, as confirmed by the People's Committee of the commune where the person resides;
- Female inmates who are pregnant or have young children under 36 months old living with their mothers in prisons, detention centers, or temporary holding facilities.
16 cases were not recommended for amnesty.
- The judgment or decision of the court against that person is subject to appeal under the supervisory review or retrial procedure;
- Currently under criminal investigation for another offense;
- He had previously been granted amnesty;
- Having two or more prior convictions;
- Committing very serious or exceptionally serious crimes against national security.
- Convicted of imprisonment for one of the following crimes: terrorism; breach of peace; crimes against humanity; war crimes; organized resistance against law enforcement officers; or committing the crime repeatedly or causing serious consequences; or inciting, luring, or instigating others to commit the crime;
- Sentenced to imprisonment for 10 years or more for intentionally violating the life, health, dignity, and honor of a person;
- Sentenced to imprisonment for 7 years or more for crimes such as robbery, theft, kidnapping for the purpose of extortion, illegal production of narcotics, illegal trafficking of narcotics, and misappropriation of narcotics.
- Committing organized murder; murder with a hooliganistic nature; organized or hooliganistic intentional infliction of injury, or committing the crime repeatedly against one person or once against multiple people; incestuous rape; incestuous child rape; armed robbery; organized robbery, snatching, or theft with serious, very serious, or especially serious consequences; repeated robbery, repeated snatching, or repeated theft (two or more times).
- For drug-related offenses punishable by imprisonment of less than seven years with more than one year remaining; for cases of drug-related offenses not falling under the provisions of Clause 9 of this Article, if the sentence is from seven to fifteen years with more than two years remaining, or if the sentence is over fifteen years or life imprisonment with more than three years remaining.
- The mastermind, leader, commander, or the person who uses cunning tactics, or the person who stubbornly resists in a case of organized crime.
- There is evidence to confirm the illegal use of narcotic substances.
- Currently serving a prison sentence for committing three or more crimes, or for committing two crimes intentionally, including cases of combined sentences.
- Having a prior criminal record, yet being sentenced to prison for an intentional crime.
- Having been placed in a compulsory education facility, including a previous education facility or reformatory school, and having been sentenced to imprisonment for one of the following crimes: drug-related crimes; murder; child rape; robbery; theft; extortion; fraud; larceny; kidnapping for the purpose of extortion; resisting arrest; trafficking in women or human trafficking; buying, selling, exchanging, or abducting children; disturbing public order; receiving stolen property.
The Supreme People's Court directs and guides people's courts and military courts at all levels to coordinate with procuratorates and criminal enforcement agencies to prepare dossiers and lists of proposed pardons to be submitted to the President for decision.
Phan Xam/ VNE