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I respectfully submit that I meet the statutory conditions to be considered for a suspended sentence in accordance with the law. Therefore, through this petition, I earnestly request the Appellate Court to review my case and grant me exemption from serving a custodial sentence, allowing me instead to serve a suspended sentence.
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[1] Legal Grounds for the Petition
Pursuant to Article 1 of Resolution No. 02/2018/NQ-HĐTP, guiding the application of Article 65 of the Penal Code on suspended sentences, it is provided that:
“A suspended sentence is a conditional exemption from serving a custodial sentence, applied by the Court to offenders sentenced to imprisonment of no more than 03 years, based on the offender’s personal background and mitigating circumstances, where it is deemed unnecessary to require them to serve the custodial sentence.”
Accordingly, I respectfully present the following:
a) The Court of First Instance sentenced me to a term of imprisonment of 13–16 months, which falls within the statutory limit of “no more than 03 years” and thus qualifies for consideration of a suspended sentence.
b) I have a good personal background. Apart from this incident, I have always complied with laws and regulations, and have fully fulfilled my civic duties at my place of residence and work.
c) I have a clear and stable address at: [Residential Group X, Ward Y, City Z, Province L] (place name redacted for privacy), which enables competent authorities and organizations to supervise and educate me during the suspension period.
d) I have the capacity for self-rehabilitation. Granting me a suspended sentence would not endanger society, nor adversely affect public order, security, or safety.
e) Furthermore, I respectfully submit that I have three statutory mitigating circumstances under the Penal Code:
i) This is my first offense, and it falls under the category of “less serious crimes” (Point i, Clause 1, Article 51 of the 2015 Penal Code). I have no prior criminal record or administrative violations.
ii) The offender is a person with outstanding achievements in work, study, or service (Point v, Clause 1, Article 51 of the 2015 Penal Code). In my years of service at XYZ Lottery Company Limited, I was awarded Certificates of Merit for consecutive years, recognizing my diligence and outstanding performance.
iii) The offender has made a sincere confession and demonstrated genuine remorse (Point s, Clause 1, Article 51 of the 2015 Penal Code, as amended by Point a, Clause 6, Article 1 of the 2017 Amending Law). From the time of my arrest through investigation and trial, I have consistently cooperated with authorities, admitted my wrongdoing, and expressed deep regret. The sleepless nights of remorse, the tears shed in reflection, and especially the recent Tet holiday away from my family, have deepened my appreciation for the value of freedom and the warmth of family reunion.
Therefore, I humbly appeal to the Appellate Court to grant me a suspended sentence – a sentence not merely punitive, but also humane and rehabilitative in nature.
At the same time, I respectfully request the Appellate Panel to take into consideration my personal and family circumstances in reviewing my case.
[2] Consideration of the Defendant’s Personal Circumstances
a) I was born into a large family of nine children, in extremely difficult and deprived conditions. Due to poverty, I was compelled to leave school early, with my education ending at Grade 5, in order to work and contribute to supporting my parents and siblings. Later, after getting married, the financial burden still fell entirely on me. My husband suffers from chronic illnesses, including heart disease and cirrhosis, rendering him incapable of working. Thus, the entire responsibility of providing for the household, covering medical expenses, and ensuring my children’s education rests solely upon me, both as a wife and as the only economic provider of the family.
b) I myself suffer from vestibular disorders, often experiencing dizziness, faintness, and weakness that at times prevent me from eating or working as a normal person would. Nonetheless, as the main breadwinner and pillar of the family, I have had to endure these hardships and continue laboring, for the sake of my husband and my children’s education and future.
c) In addition, I am the daughter of a 96-year-old mother, who is still alive but in the twilight of her life. At such an advanced age, the most sacred wish of mine is to remain by her side in these final days. Should my mother pass away, my only prayer is to be able to see her one last time, to fulfill my filial duty by arranging her funeral with the devotion of a daughter.
d) I humbly acknowledge that, in the midst of hardship and limited education, with only a rudimentary understanding of the law, I at times failed to fully recognize the thin boundary between lawful conduct and actions constituting a criminal offense. In my own perception, selling lottery tickets for XYZ Lottery Company Limited was a legitimate, long-term livelihood, never to be confused with unlawful betting activities. Attached herewith are Certificates of Merit issued consecutively over many years by the Company’s Chairman and General Director, attesting to my diligent work, dedication, and contribution to the lottery sector – a labor that I have always believed to be lawful and beneficial to both family and society.
Therefore, pursuant to Point i, Point v, and Point s, Clause 1, Article 51 of the Penal Code 2015; Clause 2, Article 51 of the Penal Code 2015; Article 65 of the Penal Code 2015; Article 2 of Resolution No. 02/2018/NQ-HĐTP guiding the application of Article 65 of the Penal Code on suspended sentences; and Point a, Clause 1, Article 1 of Resolution No. 01/2022/NQ-HĐTP amending and supplementing a number of provisions of Resolution No. 02/2018/NQ-HĐTP dated May 15, 2018 of the Judicial Council of the Supreme People’s Court, I respectfully petition the Appellate Court to exempt me from serving an immediate custodial sentence, and instead grant me a suspended sentence. Rather than isolating me from society, I humbly ask for the opportunity to rehabilitate myself and rebuild my life within my community, in consideration of both legal grounds and humanitarian concerns outlined above.
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Excerpt: “The Defendant’s Self-Defense Petition for Reduction to a Suspended Sentence” – The offense of illegal gambling
