Can I be considered for a suspended sentence if I was sentenced to imprisonment of 3 years in Vietnam?

Can I be considered for a suspended sentence if I was sentenced to imprisonment of 3 years in Vietnam?

Clause 1, Article 65 of the 2015 Penal Code provides for suspended sentences as follows:

1. Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give a suspended sentence with a probation period of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem unnecessary.

2. During the probation period, the convict shall be supervised and educated by the organization or agency for which he/she works or the local authority. The family of the convict has the responsibility to cooperate with such agency or organization or the local authority in supervising and educating him/her.

3. The court may impose additional sentences upon the convict if provided for by the applied provision of law.

4. After the convict has completed half the duration of the probation and shows improvements, at the request of the supervising agency/organization, the Court shall consider reducing the probation period.

5. During the probation period, if the convict deliberately fails to fulfill his/her obligations twice or more as prescribed by the Law on criminal sentence execution, the Court might require him/her to serve the sentence. If the convict commits a new crime, the Court shall force him/her to serve a combined sentence of the suspended sentenced and the new sentence as prescribed in Article 56 hereof.

The law clearly stipulates that when sentenced to imprisonment for not more than 03 years in Vietnam (ie equal to or less than 03 years in prison), you will be considered for a suspended sentence if you meet all the conditions specified in Resolution 02/2018/NQ- City Council.

Therefore, the case of being sentenced to 3 years in prison is still considered for a suspended sentence if the conditions are met in Vietnam.

Best Regards!