Vietnam to Free over 3,000 Prisoners under Amnesty before September 2

More than 3,000 inmates will be freed on the occasion of National Day (September 2). The amnesty will be the first since the 2018 Law on Special Amnesty was adopted.

More than 3,000 inmates will be freed on the occasion of National Day (September 2). Photo: chinhphu.vn

President Nguyen Xuan Phuc on August 30 signed a decision to grant amnesty to 3,026 inmates ahead of National Day (September 2).

Also enjoying this year’s special amnesty are nine others whose sentences have been delayed or suspended, the VOV reported.

The decision will come into effect on September 1.

The Prime Minister, the President and members of the Advisory Council on Amnesty, the Chief Justice of the Supreme People's Court, the Procurator General of the Supreme People's Procuracy, and the Chairman of the Presidential Office are responsible for the implementation of the decision.

The Central Advisory Council on Amnesty (CACA) convened a meeting on August 23 to review the list of inmates nominated for amnesty on a case-by-case basis before it is submitted to President Phuc for approval, according to the Vietnam News Agency (VNA).

The beneficiaries include those who are serving their fixed-term sentences in jail, those who have life sentences reduced and those who have sentences suspended.

The amnesty will be the first since the 2018 Law on Special Amnesty was adopted.

Statistics showed that the State has conducted seven rounds of amnesty from 2009 to 2016, benefitting a total of 87,111 inmates. The rate of relapse into crime among amnesty beneficiaries was reportedly at 1.18 percent during the period.

Law on Special Amnesty: conditions for a person to be proposed for special amnesty

The State has conducted seven rounds of amnesty from 2009 to 2016, benefitting a total of 87,111 inmates. Photo: VTV

The Law on Special Amnesty was passed in November 2018 to institutionalize the 2013 Constitution regarding the leniency and humanitarian policy for persons sentenced to imprisonment, the Vietnam Law and Legal Forum said.

From July 1, 2019, the Law will supersede its predecessor enacted in 2007.

To be proposed for special amnesty, such a person must fully meet the conditions prescribed in Article 11 of the Law.

Specifically, he must have served his imprisonment term for a period of time decided by the President which, however, must be at least equal to one-third of his imprisonment term; and the commutation period he previously enjoyed will not be included in the period he has served his imprisonment sentence. For life imprisonment already commuted to termed imprisonment, such person must have served his imprisonment term for at least 14 years; if he continues to be granted a reduction of the imprisonment sentence-serving term, the reduced period will not be included in the period he has served his imprisonment sentence.

Particularly, such person must have served his imprisonment term for a period of time decided by the President which, however, must equal at least half of his imprisonment term, or have served his imprisonment term for at least 17 years, for life imprisonment already commuted to termed imprisonment.

The above provision applies to a person who is convicted of one of the following crimes: (i) undermining the implementation of socio-economic policies; (ii) undermining solidarity policies; (iii) organizing, coercing or inciting other persons to illegally migrate or to stay abroad with the aim of opposing the people’s administration; or (iv) illegally migrating or staying abroad with the aim of opposing the people’s administration.

It also applies to a person who is sentenced to imprisonment of 10 years or more for intentionally committing one of the offenses defined in the Chapter on offenses against human life, health, dignity or honor in the Penal Code, or a person who are sentenced to imprisonment of seven years or more for plundering property; kidnapping in order to appropriate property; illegally producing narcotics; illegally purchasing or selling narcotics; or appropriating narcotics prescribed in the Penal Code.

Cases ineligible for being proposed for special amnesty

President inspects implementation of amnesty decision in Bac Giang on August 18, 2021. Photo: VNA

Article 12 says that a person who fully satisfies the conditions for being proposed for special amnesty as prescribed in the Law is not entitled to special amnesty proposal in one of the following cases:

- He is convicted of high treason; carrying out activities aimed at overthrowing the people’s administration; espionage; infringing upon territorial security; rebellion; terrorism aiming to oppose the people’s administration; sabotaging physical-technical foundations of the State of Vietnam; producing, storing, spreading or disseminating information, documents or objects aiming to oppose the State of Vietnam; disrupting security; destroying detention facilities; or terrorism; or is convicted of one of the crimes specified in the Chapter on crimes against peace, crimes against humanity and war crimes in the Penal Code;

- A court judgment or part of a court judgment or court ruling against him is being protested against according to cassation or reopening procedures toward aggravating penal liability;

- He is examined for penal liability for another criminal act; has previously been granted special amnesty; or has two or more previous convictions; and in other cases as decided by the President./.

(vietnamtimes.org.vn)