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What are the new guidelines for the probationary of a suspended sentence?

13/05/2022

The Council of Judges of the Supreme People's Court issued Resolution 01/2022/NQ-HDTP dated April 15, 2022 amending and supplementing a number of articles of Resolution 02/2018/NQ-HDTP guiding the suspended sentence.

According to Article 4, Resolution 08 only stipulates that, when giving an offender a suspended sentence, the Court must fix a probationary period equal to twice the prison sentence, but not less than 01 year and not more than 05 years.

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Resolution 01 has supplemented the content on determining the term of imprisonment for convicts who have been suspended or detained.

The time spent in temporary custody or temporary detention of a convict who is given a suspended sentence shall not be deducted from the term of imprisonment to determine the probation period.

During the probationary period, if they commit a new crime or violate the obligation to serve the prison sentence of a suspended sentence, the Court will deduct the time when they have been held in custody or temporary detention from the time serving the prison sentence of a suspended sentence or a new sentence.

Resolution 01/2022/NQ-HDTP takes effect from May 10, 2022.