Resolution No. 01/2018/NQ-HDTP dated April 24, 2018 of the Judicial Council of the Supreme People’s Court guiding the application of Articles 66 and 106 of the Penal Code on conditional early release of prisoners

RESOLUTION

Guiding the application of Articles 66 and 106 of the Penal Code on conditional early release of prisoners

Pursuant to the November 24, 2014 Law on Organization of People’s Courts;

In order to properly and uniformly apply the provisions of Articles 66 and 106 of Penal Code No. 100/2015/QH13, which is amended and supplemented under Law No. 12/2017/QH14;

After reaching agreement with the Procurator General of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Conditional early release of prisoners

Conditional early release of prisoners is a measure applied by the court to persons who are serving imprisonment sentences and fully satisfy the conditions prescribed by the Penal Code when finding it unnecessary to compel their continued serving of such imprisonment sentences in prisons or detention camps.

Article 2. Conditions for conditional early release of persons who are serving imprisonment sentences for serious crimes, very serious crimes or particularly serious crimes

A person who is serving an imprisonment sentence for a serious crime, very serious crime or particularly serious crime, if not falling into one of the cases specified in Clause 2, Article 66 of the Penal Code, may be entitled to early release if fully satisfying the following conditions:

1. Having had his/her imprisonment sentence commuted.

2. Having committed the crime for the first time.

He/she may be regarded as having committed the crime for the first time and considered for sentence commutation if he/she:

a/ Has never committed a crime;

b/ Has previously committed a criminal act but is exempted from penal liability;

c/ Has previously committed a criminal act but is subjected to the judicial measure of education at a reformatory;

d/ Has previously been convicted but is eligible for being regarded as having no previous conviction.

3. Having shown improvement and a good sense of reform through his/her good observance of internal rules of the prison, detention camp or custody house; having actively learned and worked for reforming himself/herself and having enough periods when his/her imprisonment sentence serving is evaluated at least satisfactory in accordance with the law on execution of criminal judgments, specifically as follows:

a/ If he/she is serving a life imprisonment sentence commuted to termed imprisonment, he/she must have at least 20 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

b/ If he/she is serving a termed imprisonment sentence of between over 20 years and 30 years, he/she must have at least 16 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

c/ If he/she is serving a termed imprisonment sentence of between over 15 years and 20 years, he/she must have at least 12 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

d/ If he/she is serving a termed imprisonment sentence of between over 10 years and 15 years, he/she must have at least 8 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

dd/ If he/she is serving a termed imprisonment sentence of between over 5 years and 10 years, he/she must have at least 6 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

e/ If he/she is serving a termed imprisonment sentence of between over 3 years and 5 years, he/she must have at least 4 consecutive quarters, by the time of consideration of or request for conditional early release, when his/her imprisonment sentence serving is evaluated at least satisfactory.

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