Decree No. 148 on granting clemency to prisoners during National Day stipulates conditions and degrees of sentence reduction or release for those serving prison sentences or penal servitude. This document applies to prisoners sentenced before the date of issuance of the Decree, with certain exceptions.
적용 범위
Persons sentenced by military courts or ordinary courts to imprisonment or penal servitude, currently serving their sentences in prisons or detention centers
핵심 사항
- Those sentenced by military courts to imprisonment or penal servitude before the date of issuance of the Decree shall have their sentences reduced unless they committed espionage, communication with enemy forces, extortion, robbery, kidnapping, assassination, counterfeiting currency, and embezzlement (Article 1)
- Persons sentenced by ordinary courts to less than twelve months' imprisonment who are currently in custody may be released if they have served more than half of their sentence and it is their first offense (Article 2)
- Those sentenced by ordinary courts to over twelve months' imprisonment or penal servitude, except those mentioned in Article 3, may be released if they have served more than half of their sentence and it is their first offense; however, they must be under house arrest at their place of origin for a period equivalent to the remaining term of their sentence (Article 2)
- Persons sentenced by ordinary courts to less than twelve months' imprisonment who are first-time offenders and have not yet served more than half of their sentence shall have one-third of their sentence reduced (Article 2)
- Those convicted of theft, intentional homicide, counterfeiting currency, arson, or other serious crimes by ordinary courts to over twelve months' imprisonment or penal servitude must be investigated by the Administrative Committee before release (Article 3)
🌐 이 문서의 사회적 영향
- Increase opportunities for prisoners to reintegrate into society
- Reduce pressure on prison systems
- Instability may arise if prisoners do not comply with conditions of house arrest at their place of origin
❓ 자주 묻는 질문
Can those sentenced by military courts to imprisonment or penal servitude before the date of issuance of the Decree have their sentences reduced?
Yes, except for cases involving espionage, communication with enemy forces, extortion, robbery, kidnapping, assassination, counterfeiting currency, and embezzlement (Article 1)
When can those sentenced by ordinary courts to less than twelve months' imprisonment be released?
After serving more than half of their sentence and it being their first offense (Article 2)
Can those convicted of theft or intentional homicide by ordinary courts to over twelve months' imprisonment be released?
They must be investigated by the Administrative Committee before release (Article 3)
How long must those convicted of theft or intentional homicide by ordinary courts to over twelve months' imprisonment be under house arrest at their place of origin?
For a period equivalent to the remaining term of their sentence (Article 3)
Can those convicted of theft or intentional homicide by ordinary courts to over twelve months' imprisonment have their sentences reduced?
There is no specific provision for reducing their sentences in this document (Article 3)
전문
DECREE
On granting amnesty to convicts on the occasion of National Day
THE CHAIRMAN OF THE COUNCIL OF MINISTERS OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Considering that it is appropriate to grant amnesty to certain convicted persons in connection with the anniversary of the August Revolution;
After consulting the Standing Committee of the National Assembly and after the Council of Ministers has agreed;
ISSUES A DECREE:
Article 1. Persons sentenced by military courts to imprisonment or hard labor before the date this Decree takes effect shall have their sentences reduced by one-third, except for:
a) Those convicted of espionage, communication with or supply to enemy forces, extortion, robbery, kidnapping, assassination, forgery and circulation of counterfeit currency, or embezzlement shall not be eligible.
b) Persons convicted of suppressing the revolution or denouncing revolutionary movements before August 19, 1945, the Minister of Justice will review each case file and propose amnesty to the Chairman of the Council of Ministers.
Persons sentenced by military courts to confiscation of all property shall only have three-quarters confiscated if they have a wife or minor children, or parents or grandparents who need support. This exception does not apply once the sale has been completed and the proceeds deposited into public funds before the date this Decree takes effect.
Article 2. Persons sentenced by civil courts to less than twelve months' imprisonment who are currently in custody shall be released immediately if they have served more than half of their sentence and it is their first offense.
Persons sentenced by civil courts to over twelve months' imprisonment or hard labor, except those mentioned in Article 3, who are currently in custody shall be released if they have served more than half of their sentence or hard labor and it is their first offense; however, such persons must be placed under house arrest at their place of origin for a period equal to the remaining time they would otherwise have had to serve.
Persons sentenced by civil courts to less than twelve months' imprisonment who are first-time offenders and have not yet served more than half of their sentence shall now have one-third of their sentence reduced.
Persons sentenced by civil courts to over twelve months' imprisonment or hard labor, except those mentioned in Article 3, who are first-time offenders and have not yet served more than half of their sentence shall now have one-third of their sentence reduced; however, such persons must be placed under house arrest at their place of origin for a period equal to the remaining time they would otherwise have had to serve upon release.
Article 3. For those who commit theft, intentional homicide, the production or circulation of counterfeit banknotes, arson with intent, and are sentenced by a court to more than twelve months' imprisonment or penal servitude, in addition to having served over half of their sentence, they must also be investigated by the Administrative Committee regarding whether release should be granted. If the Administrative Committee deems that release is appropriate, the case file will be transferred to the Attorney General for him to propose conditional release to the Minister of Justice.
The Minister of Justice shall issue a decree for release and require the prisoner to be under house arrest at their place of origin for a period equivalent to the remaining portion of their sentence.
Article 4. The date on which the Decree is signed is used as the reference date for calculating those who have served more than half of their imprisonment or penal servitude sentences, thereby qualifying for release under Articles 2 and 3.
Article 5. The Minister of Interior Affairs and the Minister of Justice are entrusted with implementing this Decree.
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Huỳnh Thúc Kháng (Signed)
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