On April 24, 2018, the Judges’ Council of the Supreme People’s Court issued Resolution No. 01/2018/NQ-HDTP guiding the application of Article 66 and Article 106 of the Criminal Code on conditional parole. This Rsesolution took effect since June 9, 2018.
Accordingly, Resolution No.01/2018/NQ-HDTP regulates some conditions to be released before the deadline for persons serving imprisonment sentences for serious crimes, very serious crimes, extremely serious crimes specificially as follows:
- The duration of serving the imprisonment sentence has been reduced;
- Committing the crime for the first time;
- There are many advances, good sense of improvement reflected in the good observance of the internal rules of prisons, detention camps and temporary custody houses; to study, labor or reform and must have enough time to classify the serving of fine sentences of up to one year in accordance with the provisions of law on execution of criminal judgments;
- Having a clear place of residence;
- Having served the additional penalty as penalty money, court costs and obligation to compensate for damage;
- Having served at least half of the time-limit for imprisonment; at least 15 years for life imprisonment but reduced to termed imprisonment;
- When considering the release of prisoners before the expiry of the conditional period, careful consideration must be taken to ensure that the release of prisoners before the expiry of the condition does not affect security, social order and safety, with cases of drug offenses, corruption, organized crime, subject matter mastermind, leader, commander, stubborn, opposed, hooligan, dangerous recidivism.
Therefore, Resolution No.01/2018/NQ-HDTP has specified the provisions of the Criminal Code, which is the basis for state management agencies to make decisions on conditional parole transparency. At the same time, the Resolution is also considered as a motive force for those who are serving prison sentences to reform well and soon return to integrate into the community.
