Regulation on decision on sentence for multiple crimes under the Penal Code of Vietnam

Hello, Lawnet would like to answer your questions as follows:

1. Decision on sentence for multiple crimes in Vietnam

Article 55 of the Penal Code 2015 stipulates regulations on Decision on sentence for multiple crimes.

When a person is tried for multiple crimes, the Court shall decide the sentence for each of them and combined sentence as follows:

Primary sentence:

- If all of the sentences imposed are community sentence or determinate imprisonment, they shall be combined. The combined sentence shall not exceed 03 years for community sentence and 30 years for determinate imprisonment;

- If the sentences imposed include community sentence and determinate imprisonment, community sentence shall be converted into imprisonment. 03 days' community sentence equals (=) 01 day's imprisonment.

- If the most severe sentence among the sentences imposed is life imprisonment, the combined sentence shall be life imprisonment;

- If the most severe sentence among the sentences imposed is death sentence, the combined sentence shall be death sentence;

- Fines shall be aggregated and shall not be combined with other sentences;

- Expulsion shall not be combined with other sentences;

Additional sentence:

- If all of the sentences imposed are of the same type, the combined sentence shall not exceed the limit imposed by this document; fines shall be aggregated;

- If the sentences imposed are of various types, the convict must serve all of them.

2. Combination of sentences of multiple judgments in Vietnam

According to Article 56 of the Penal Code 2015, regulations on combination of sentences of multiple judgments are as follows:

- If a person who is serving a sentence is tried for a crime committed before such sentence is imposed, the Court shall decide the sentence for the crime being tried and then the combined sentence as prescribed in Article 55 of the Penal Code 2015

The duration of the previous sentence shall be deducted from that of the combined sentence.

- When a person who is serving a sentence is tried for a new crime, the Court shall decide the sentence for the new crime, then aggregate it with the unserved part of the sentence to make the combined sentence as prescribed in Article 55 of the Penal Code 2015.

- If a person is serving multiple sentences that are not combined, the executive judge of the Court shall issue a decision on a combined sentence as prescribed in Clause 1 and Clause 2 of Article 56 of the Penal Code 2015.

Currently, there is no document guiding the synthesis of penalties for many legally effective judgments as prescribed in Clause 3 of Article 56 of the 2015 Penal Code. However, you can refer to the guidance in Section 5 of Joint Circular 02/TT-LN dated December 20, 1991, of the Supreme People's Court - Supreme People's Procuracy, with the following content:

- In case the legally effective judgments are all from the same court, the chief judge of that court shall issue a decision to summarize the punishment.

- In cases where legally effective judgments are from different courts but at the same level (same district level in the same province or different provinces, same provincial level, same regional level, same military zone level), the chief judge of the court issues the final judgment (in terms of time) and decides to summarize the sentence, specifically:

+ If the legally effective judgments are from different district courts (in the same province or different provinces), the chief judge of the district court that issued the final judgment shall decide to summarize the sentence;

+ If the legally effective judgments are from different regional military courts (in the same military region or different military regions), the chief judge of the regional military court issued the final verdict deciding on the summary punishment;

+ If the legally effective judgments are all from provincial-level courts (or all are from military courts at the military zone level), then the chief judge of the provincial-level court (or the chief judge of the military-level military court) issues a final judgment and decides to summarize the punishment.

- In cases where legally effective judgments are from courts at different levels, the chief judge of a higher court shall issue a decision to summarize the sentence, regardless of whether the higher court's judgment comes first or later.

- In cases where, among the legally effective judgments, there are judgments of people's courts and judgments of military courts, the summary of penalties is also carried out similarly to the instructions above.

- In cases where, among the legally effective judgments, there are judgments from foreign courts that have been recognized by Vietnamese courts, and there are judgments from Vietnamese courts, the Chief Justice of the Supreme People's Court shall issue a decision to summarize the punishment.

Best regards!