Cases exempted from serving prison sentences
(Baonghean.vn) - Ms. Nguyen Thi My in Anh Son district asked, in what cases can a person sentenced to a fixed term of imprisonment be considered for exemption from serving the prison sentence?
Reply:
Exemption from serving a sentence means not forcing a convicted person to serve the sentence already imposed or to continue serving the remaining part of the sentence.
Pursuant to Article 62 of the 2015 Penal Code, in one of the following cases, exemption from serving the sentence will be considered:
(1), A convicted person is exempted from serving his sentence when granted a special pardon or amnesty.
(2), A person sentenced to non-custodial reform or imprisonment for a term of up to 03 years who has not served his/her sentence, upon the request of the Chief Prosecutor, the Court may decide to exempt him/her from serving the sentence, if he/she falls into one of the following cases:
- After being sentenced, he made achievements;
- Suffering from a serious illness;
- Comply with the law, have especially difficult family circumstances and are considered no longer a danger to society.
(3),A person sentenced to a term of imprisonment of more than 03 years, who has not yet served his sentence, if he has made great contributions or has a serious illness and is no longer a danger to society, then upon the proposal of the Chief Prosecutor, the Court may decide to exempt him from serving the entire sentence.
(4),A person sentenced to up to 03 years in prison, whose sentence has been temporarily suspended, if during the period of temporary suspension he/she has made merits or complied well with the law, his/her family circumstances are particularly difficult and it is considered that he/she is no longer a danger to society, then upon the proposal of the Chief Prosecutor, the Court may decide to exempt him/her from serving the remaining part of the sentence.
(5),A person sentenced to a fine who has actively served part of the sentence but falls into a particularly difficult economic situation for a long time due to a natural disaster, fire, accident or illness and is unable to continue serving the remaining sentence or has made great achievements, then upon the request of the Chief Prosecutor, the Court may decide to exempt the remaining part of the fine.
(6),A person who is sentenced to a ban on residence or probation, if he/she has served half of the sentence and has performed well, then upon the request of the district-level criminal enforcement agency where he/she is serving the sentence, the Court may decide to exempt him/her from serving the remaining sentence.
However, a person exempted from serving a sentence as prescribed in this Article must still fully perform the civil obligations imposed by the Court in the judgment.