Tiếng Việt
TABLE OF CONTENTS
1. What is conditional early release?
2. Conditions for conditional early release
3. Cases in which early release is not allowed
1. What is conditional early release?
According to Article 1 of Resolution No. 01/2018/NQ-HDTP dated April 24, 2018 guiding the application of Article 66 and Article 106 of the Penal Code on conditional early release from prison, it is stipulated that: “Conditional early release from prison is a measure applied by the Court to a person serving a prison sentence when all conditions prescribed by the Penal Code are met, and it is deemed unnecessary to force them to continue serving their prison sentence at a detention facility.”
2. Conditions for conditional early release from prison
According to Clause 1, Article 66 of the 2015 Penal Code, amended and supplemented in 2017, it is stipulated that:
“Article 66. Conditional parole
1. A person serving an imprisonment sentence (prisoner) may be granted parole when all of the following conditions are satisfied:
a) The prisoner does not have prior criminal record;
b) The prisoner she shows remarkable improvements;
c) The prisoner convicted of a serious crime, very serious crime, or extremely serious crime has received a commutation;
d) The prisoner has a fixed residence;
dd) The prisoner has paid fines, legal costs, and civil compensation in full;
e) The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment commuted to determinate imprisonment.
A prisoner who is a wounded soldier, sick soldier, member of a martyr’s family, aged 70 or older, a person suffers from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment or at least 12 years of a life imprisonment sentence commuted to determinate imprisonment;
g) The offence is not committed in any of the cases specified in Clause 2 of this Article.”
3. Cases in which early release from prison is not permitted
According to Clause 2, Article 66 of the 2015 Penal Code, amended and supplemented in 2017, it is stipulated that:
“2. Parole shall not be granted to:
a) any prisoner that is convicted of an offence against national security; terrorism, disruption of peace, crimes against humanity, war crimes; any person sentenced to 10 years’ imprisonment or longer for deliberate infliction of harm to human life, health, or dignity; any person sentenced to 7 years’ imprisonment for robbery, kidnapping for ransom, illegal manufacturing, trading, appropriation of narcotic substances;
b) any person sentenced to death and granted commutation or any person in the case specified in Clause 3 Article 40 hereof.”
– A person convicted of one of the crimes specified in Chapter XIII, Chapter XXVI, Article 299 of the 2015 Penal Code, amended and supplemented in 2017;
+ Crimes against national security;
+ Crimes against peace, against humanity and war crimes
+ Crime of terrorism.
– A person sentenced to 10 years in prison or more for one of the crimes specified in Chapter XIV of the 2015 Penal Code, amended and supplemented in 2017, on crimes of intentionally infringing upon the life, health, dignity and honor of this person;
Or a person sentenced to 07 years in prison or more for one of the crimes specified in Articles 168, 169, 248, 251 and 252 of the 2015 Penal Code, amended and supplemented in 2017 as follows
+ Crime of robbery;
+ Crime of kidnapping for the purpose of appropriating property;
+ Crime of illegal production of narcotics;
+ Crime of illegal trading of narcotics;
+ Crime of appropriation of narcotics.
– Persons sentenced to death who are granted pardon or fall under the following cases specified in Clause 3, Article 40 of the 2015 Penal Code, amended and supplemented in 2017:
+ Pregnant women or women raising children under 36 months of age;
+ Persons aged 75 or older;
+ Persons sentenced to death for embezzlement or bribery, who, after being sentenced, have actively returned at least three-quarters of the embezzled or bribed property and actively cooperated with the authorities in detecting, investigating and handling the crime or making great achievements.