Is it allowed to be pardoned after commiting rebellion in Vietnam?
Is it permissible to be pardoned after commiting rebellion in Vietnam?
Pursuant to Article 12 of the Law on Pardon in 2018 stipulating persons not eligible for pardon in Vietnam as follows:
Persons who fully meet the eligibility requirements specified in Article 11 of this Law may not petition for pardon in the following cases:
1. He/she is convicted of high treason; activities against the people's government; espionage; infringement upon territory; rebellion; terrorism to oppose the people's government; sabotaging facilities of Socialist Republic of Vietnam; making, possessing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam; disruption of security; disruption of detention facilities; terrorism and one of offenses prescribed in the Chapter “Disturbing the peace, crimes against humanity and war crimes” of the Criminal Code;
2. The whole or a part of court judgments or rulings against him/her is being appealed according to cassation or reopening review towards more severe criminal liability;
3. He/she is being examined for penal liability for other criminal acts;
4. He/she was previously granted pardon;
5. He/she has two or more previous convictions;
6. Other cases decided by the State President.
As regulations above, your brother is not permissible to be pardoned after commiting rebellion in Vietnam.
In Vietnam, do pardon petitioners have the right to contact their relatives for the completion of the pardon petition dossiers?
Pursuant to Article 13 of the Law on Pardon in 2018 stipulating rights and obligations of pardon petitioners in Vietnam as follows:
1. keep informed of policies and laws on pardon, the State Presidents decisions on pardon, competent agencies guiding documents on eligibility requirements for pardon petitioners, and other pardon information relevant to them.
2. contact their relatives to collect papers and documents necessary for the completion of the pardon petition dossiers.
3. request competent entities to issue or certify papers and documents necessary for the completion of the pardon petition dossiers.
4. submit papers and documents at the request of authorities competent to petition for pardon; declare their truthful and adequate personal information in relation with the petitions for pardon.
5. lodge complaints or denunciations according to the provisions of Chapter V of this Law.
As regulations above, pardon petitioners have the right to contact their relatives to collect papers and documents necessary for the completion of the pardon petition dossiers.
Best regards!
Lê Tấn Phát