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Applying suspended sentences from the practice of Binh Phuoc province - 1


VIETNAM ACADEMY OF SOCIAL SCIENCES

Academy of Social Sciences


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Applying suspended sentences from the practice of Binh Phuoc province - 1

CHU NGOC PHU


APPLYING SUSPENDED SENTENCE FROM PRACTICE IN BINH PHUOC PROVINCE


Industry: Criminal law and criminal procedure Code: 8.38.01.04


SCIENTIFIC INSTRUCTOR ASSOCIATE PROFESSOR, DR. NGHIEM XUAN MINH

COMMITMENT


I hereby declare that this is my own research work. The data presented in the thesis are true and have clear sources. The scientific conclusions of the thesis have never been published in any other work.


Author


Chu Ngoc Phu

INDEX

INTRODUCTION 1

Chapter 1: THEORETICAL ISSUES ON APPLYING SUSPENDED SENTENCES 8

1.1. General awareness of the application of suspended sentence 8

1.2. Legal provisions on the application of suspended sentences 20

1.3. Comparison of suspended sentence with some other regimes 29

1.4. Subjects and coordination relationships in applying suspended sentences 33

Chapter 2: PRACTICAL APPLICATION OF SUSPENDED SENTENCES AT PEOPLE'S COURTS OF BINH PHUOC PROVINCE 37

2.1. Overview of the situation of applying suspended sentences in Binh Phuoc province 37

2.2. Current status of applying suspended sentences in Binh Phuoc province in the period 2016 - 2020 40

2.3. Comments and assessments on the causes of existing problems and limitations when applying suspended sentences in Binh Phuoc province 56

Chapter 3: SOLUTIONS FOR PROPERLY APPLYING SUSPENDED SENTENCES IN PRACTICE 63

3.1. Factors affecting the effectiveness of the correct application of suspended sentences 63

3.2. Some solutions to contribute to the correct application of suspended sentences in practice 67

CONCLUSION 77

LIST OF REFERENCES 79

APPENDIX 84

LIST OF ABBREVIATIONS


ADPL: Application of law BLHS: Penal Code BLTTHS: Criminal Procedure Code Panel of Judges: Panel of Judges

VKS: Procuracy

INTRODUCTION

1. Urgency of the topic

In order for the competent forces to effectively fight against crimes, based on the principle of clear differentiation of criminal responsibility and individualization of punishment for criminals, the current Penal Code stipulates a highly differentiated system of punishment to be applied to each type of crime and each criminal. The purpose of the Court's application of punishment to criminals, in addition to punishing criminals for their violations of criminal law, is to educate them to become useful people for their families and society, to consciously obey the law and the rules of life, and to prevent them from committing new crimes. However, to achieve the purpose of punishment, in addition to applying punishment - in certain cases, it will be more effective if other criminal coercive measures are applied, not forcing criminals to be completely isolated from their families and from society. One of the other measures applied in practice is suspended sentences. Imprisonment but giving the offender a suspended sentence is an independent legal institution, reflecting the viewpoint of our Party and State in applying criminal law, which is strict but humane, severe punishment but lenient, creating conditions for the offender to be educated and reformed at home and in the community. This is the superiority of the suspended sentence institution.

The suspended sentence system was stipulated in the Criminal Law system of our country very early. After the 1985 Criminal Code was promulgated by the National Assembly, there were many different opinions on whether or not to abolish the suspended sentence system? because suspended sentences and non-custodial reform are relatively similar, with many similarities. However, through the amendments and supplements of the Criminal Code, the suspended sentence system was not only not abolished but also retained, supplemented and increasingly improved. This affirms that the suspended sentence system in the Criminal Law system of our country has a special position.

The suspended sentence system plays an extremely important role in the fight against and prevention of all types of crimes. The suspended sentence system has the effect of encouraging convicted people to study, work, and reform themselves to become useful citizens for the community under the help, supervision, and education of agencies, organizations, and organizations responsible for supervision and education, of the family, and of the whole society. The suspended sentence system has demonstrated its role in the fight against and prevention of crime, maintaining political security, social order and safety, protecting the socialist regime, and protecting the peace of the whole society. In particular, the suspended sentence system has clearly demonstrated the humane nature of our State's criminal policy, demonstrating the leniency and superiority of the socialist criminal policy.

The practice of applying criminal law in the court system in our country in general and applying the suspended sentence regime in Binh Phuoc in particular in the past has basically shown that: Courts at all levels have mostly applied criminal law relatively accurately and have achieved certain results; cases of suspended sentences are mostly applied correctly according to the law, with high educational and preventive effects. However, there are still certain limitations, such as the application of regulations on conditions for suspended sentences is still inaccurate, the subjects applying suspended sentences in many cases are confused. From the above analysis, it is extremely necessary to conduct in-depth and comprehensive research on the application of suspended sentences in Binh Phuoc province to contribute to the improvement of the provisions of criminal law on suspended sentences and thereby propose solutions to improve the effectiveness of applying suspended sentences in practice. Therefore, the author chose the topic " Application of suspended sentences from the practice of Binh Phuoc province" as the topic of his master's thesis.

2. Research status related to the topic

Suspended sentence is one of the criminal legal institutions that has important theoretical and practical significance for the fight against crime prevention and control.

combating crime in society. Therefore, the suspended sentence regime has not only been institutionalized early in the system of regulations of positive criminal law in our country but has also been a matter of special interest to legal researchers in general and criminal law researchers in particular. It can be said that in recent years, there have been many scientific works, topics, special topics, articles... researched at different levels on suspended sentences that have been published, specifically as follows:

- Articles related to suspended sentence:

+ Article: "Some issues on the synthesis of prison sentences with suspended sentences" published in People's Court Magazine No. 9, 2012 by author Dinh Van Que.

+ The article “Suspended sentences and practice” published in People's Court Magazine No. 14, 2013 by author Do Van Chinh.

+ Article: "Difficulties in combining fixed-term imprisonment with suspended sentences in current trial practice" published in People's Court Magazine No. 6, 2012 by author Pham Minh Tuyen.

- Successfully defended master's theses and dissertations in law:

+ Doctoral thesis in law - Academy of Social Sciences: "Suspended sentence regime under Vietnamese criminal law from the practice of Central and Central Highlands regions" by author Nguyen Van Buong in 2017.

+ Master's thesis in law - Academy of Social Sciences: "Applying suspended sentences according to Vietnamese criminal law from the practice of Quang Binh province" by Tran Quang Hieu in 2017.

Other projects:

+ Textbook: "International and regional mechanisms on human rights" of the Academy of Social Sciences, Social Sciences Publishing House, 2014.

+ Monograph: "Humanitarian principles in Vietnamese criminal law" author Ho Sy Son of Social Sciences Publishing House, Hanoi.

Through the study of the situation related to the topic of suspended sentences, it is shown that: there are many scientific works at different levels that have studied this issue. However, the content of the thesis that the author researched has a different approach, analysis and research direction compared to the above theses, not focusing on pure theoretical analysis and commentary, but the thesis is mainly based on the practical application of criminal law in general and the practical application of suspended sentences in particular in Binh Phuoc province. In addition, the author himself has worked for many years in the Court sector, directly adjudicating and directly applying suspended sentences, so from the practical trial activities, he has discovered the existing problems and shortcomings in the application of regulations on suspended sentences, thereby setting the goal of researching those shortcomings.

The thesis topic also aims to study and research basic theoretical issues on suspended sentences, from the history of the institution's birth to how suspended sentences are regulated in the current Vietnamese Criminal Law, to find out the causes leading to the illegal application of suspended sentences in the trial of criminal cases nationwide in general and in Binh Phuoc province in particular, thereby making recommendations and solutions to overcome and perfect the suspended sentence institution in theory, and at the same time making recommendations to improve the effectiveness of applying suspended sentences in trial practice.

3. Research purpose and tasks

3.1. Research purpose

On the basis of the provisions of the law on suspended sentences, the thesis clarifies the application of suspended sentences by competent authorities - mainly the Court sector in practice to find out the difficulties and limitations in applying suspended sentences and make recommendations to improve the effectiveness of applying this institution in Binh Phuoc province in particular and the whole country in general.

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