If I receive a suspended sentence in Vietnam but commit a crime during the probation period, do I have to serve the sentence?

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• In Vietnam, if I receive a suspended sentence but commit a crime during the probation period, do I have to serve the sentence?
• What is the punishment for stealing during probation period in Vietnam?

In Vietnam, if I receive a suspended sentence but commit a crime during the probation period, do I have to serve the sentence?

Pursuant to Clause 5, Article 65 of the 2015 Penal Code stipulating probation:

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 suspended imprisonment 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.

Because your cousin commits a new crime, the Court shall force him to serve a combined sentence of the suspended sentenced and the new sentence without continuing to receive the suspended sentence.

What is the punishment for stealing during probation period in Vietnam?

Pursuant to Article 55 of the 2015 Penal Code stipulating 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:

1.Primary sentence:

a) 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;

b) 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.

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

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

dd) Fines shall be aggregated and shall not be combined with other sentences;

e) Expulsion shall not be combined with other sentences;

2. Additional sentence:

a) 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;

b) If the sentences imposed are of various types, the convict must serve all of them

Pursuant to Article 173 of the above Code as amended by Clause 34, Article 1 of the Law on amendment to the criminal Code 2017 stipulates the theft of property as follows:

A person who steals another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:

a) The offender has incurred an administrative penalty for appropriation of property;

b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 174, 175 and 290 hereof;

c) The offence has a negative impact on social safety, order and security;

d) The property stolen is the primary means of livelihood of the victim and the victim's family; the property taken is a souvenir, memento or religious item that has a spiritual value to the victim.

For new offenses, your cousin will be sentenced to between 02 years and 07 years of imprisonment. However, in the case you mentioned, community sentence shall be converted into imprisonment. 03 days' community sentence equals (=) 01 day's imprisonment

Best regards