First-time offenders are considered for amnesty.

December 24, 2017 18:41

First-time offenders, those who have made great achievements while serving a prison sentence, or those who committed crimes while under 18 years old will be considered for amnesty.

The Ministry of Public Security has just issued a draft Law on Amending and Supplementing a Number of Articles of the Amnesty Law 07/2007/QH12. Specifically, a number of articles are amended as follows.

At the request of the President or where deemed necessary, the Government shall preside over and coordinate with other agencies to prepare a submission for the President to consider and issue a Decision. The Government's submission must be submitted to the President no later than 60 days before the important event takes place.

The President's decision on amnesty is announced in the media and posted in prisons.

A person serving a fixed-term prison sentence may be proposed for amnesty when the following conditions are met:

- First offense.

- Comply with prison regulations, actively study and work. During the prison sentence, he was classified as having good behavior.

- Has served half of a fixed-term prison sentence and at least 15 years of a life sentence.

- For those sentenced to prison for corruption crimes or certain crimes, they must complete additional penalties such as fines, compensation for damages, court fees or other civil obligations.

- When granted amnesty, it does not affect security, order and social safety.

People serving a fixed-term prison sentence may have their rehabilitation period shortened in the following cases:

- Has made great achievements during the time serving a prison sentence.

- When committing the crime was a person under 18 years old.

- Be 75 years of age or older.

Conditions for proposed amnesty for people whose prison sentences are being postponed or temporarily suspended:

- First-time offenders are less serious, except for those who commit crimes against national security.

- Strictly comply with the State's policies and laws during the period of temporary postponement or suspension of the execution of the prison sentence.

- Completed additional penalties such as fines, compensation for damages, court fees or other civil obligations.

- When granted amnesty, it does not affect security, order and social safety.

People released from prison early must meet the following conditions:

- Strictly comply with State policies and laws during the probation period;

- Completed at least 1/3 of the challenge time.

Cases not recommended for amnesty

- The Court's judgment or decision against that person is being appealed under the supervisory or retrial procedure in the direction of aggravation.

- Being prosecuted for other crimes.

- Other cases decided by the President.

- A person convicted of one of the crimes specified in Chapter XIII, Chapter XXVI, Article 299 of the Penal Code; a person sentenced to 10 years in prison or more for one of the crimes specified in Chapter XIV of the Penal Code intentionally or a person sentenced to 7 years in prison or more for one of the crimes specified in Articles 168, 169, 248, 251 and 252 of the Penal Code.

- The person sentenced to death was pardoned.

People granted amnesty in special cases

In special cases, to meet the State's domestic and foreign requirements, the President decides to grant amnesty to persons sentenced to fixed-term imprisonment or life imprisonment, regardless of the conditions prescribed in Articles 10, 10a and 11 of this Law.

According to VNE

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