Suspended Sentence (Probationary Suspension of Imprisonment)
When is a suspended sentence applicable?
A suspended sentence is a conditional exemption from serving a custodial sentence. It is applicable to offenders sentenced to imprisonment of not more than 03 years, based on their personal background and mitigating circumstances, where the court considers that it is unnecessary for them to serve the custodial sentence.
Cases in which a suspended sentence shall not be granted include:
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Offenders who are ringleaders, masterminds, commanders, those who stubbornly resist, act in a hooligan manner, employ cunning methods, commit crimes in a professional manner, abuse their positions or powers for self-seeking purposes, or deliberately cause especially serious consequences.
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Offenders who abscond after committing the crime and have been requested for a wanted notice by competent procedural authorities.
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Offenders who commit a new crime during the probationary period; or offenders who are being tried for another crime committed prior to being granted a suspended sentence.
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Offenders tried at the same time for multiple crimes, except where the offender is under 18 years of age.
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Repeat offenders, except where the offender is under 18 years of age.
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Offenders who fall under the circumstances of recidivism or dangerous recidivism.
Legal basis:
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Clause 1, Article 65 of the 2015 Criminal Code (as amended).
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Article 1 and Article 3 of Resolution No. 02/2018/NQ-HĐTP.
