[LEGAL ARTICLE]
A suspended sentence is a measure of exemption from serving a conditional imprisonment penalty, applied when there are sufficient grounds and conditions prescribed by the criminal law. The suspended sentence encourages people sentenced to re-education to become good citizens, and also discourages them from committing new crimes during probation to serve a prison sentence. So what is the condition to get a suspended sentence?
1. According to Article 2 of Resolution 02/2018 / NQ-HDTP, a person sentenced to imprisonment must satisfy the following conditions to enjoy a suspended sentence:
Imprisonment for no more than 03 years.
"No more than 03 years" is the prison sentence that the person should have suffered, regardless of the type of crime. If a person is tried at the same time for many crimes and the total imprisonment is less than 3 years, he / she is not entitled to a suspended sentence, unless the person is under 18 years old.
2. Have a good personality.
In addition to this crime, the person always obeys the policies and laws and fully performs the obligations of the citizen at the residence or workplace.
Persons who have been convicted but have no criminal records or have their criminal records expunged; a person who has been administratively sanctioned or disciplined but has not been sanctioned until the date of this crime is more than 6 months, if deeming the nature and severity of the crime in the case of less serious ; A offender who is an accomplice has a negligible role and meets all other conditions may also be eligible for a probation.
3. There are 02 or more circumstances that mitigate criminal liability, including at least 1 circumstance to mitigate criminal liability and no circumstances that aggravate penal liability.
The circumstances of extenuating criminal liability are specified in Article 51 of the Penal Code, which are beneficial grounds for the defendant to reduce his sentence.
Circumstances aggravating penal liability are specified in Article 52 of the Penal Code.
4. Having a clear residence or stable workplace for supervision and education by competent agencies or organizations.
Clear place of residence means a temporary or permanent place of residence whose address is specified in accordance with the Law on Residence where the person who is entitled to a suspended sentence will reside and live regularly after enjoying a suspended sentence.
Stable workplace is a place where offenders work for a period of 01 year or more under a labor contract or under a decision of a competent agency or organization.
5. Considering that it is not necessary to serve a prison sentence if the offender is capable of self-reform and giving them a suspended sentence does not endanger the society; not adversely affecting social security, order and safety.
6. Not in the cases ineligible for probation.
Thus, in order to be entitled to a suspended sentence, the convicted must meet the above conditions. These are the grounds for the Court to consider and encourage them to renovate well so that they do not commit recidivism and get in trouble. This measure is both humane and deterrent, increasing the effectiveness of crime prevention in the current situation.

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