Officers at Nam Hà Prison (Ninh Bình) instruct inmates in productive labour. — VNA/VNS Photo Phạm Kiên

HÀ NỘI — Offenders sentenced to up to five years in prison could be spared custody and required to pay a fine instead, under proposals in a draft revised Penal Code submitted by the Ministry of Public Security to the Government.

Public comment on the draft is open until July 16.

Among the proposed amendments, the drafting committee has recommended adding new provisions on suspended sentences and expanding the range of custodial terms eligible for consideration under the measure.

Under the current Penal Code, courts may grant a suspended sentence where a term of no more than three years' imprisonment is imposed. To qualify, a court must consider the offender's personal background and mitigating circumstances, and determine that serving the custodial term is unnecessary. A probationary period of between one and five years is then set.

The draft retains this existing provision but also proposes extending eligibility to those sentenced to no more than five years' imprisonment.

Where a sentence of no more than five years is imposed, a court may grant a suspended sentence – taking into account the offender's personal background and mitigating circumstances – if it determines the custodial term need not be served, provided the case does not fall within the scope of Clause 1, Article 65.

In such cases, the court will determine the sum of money the offender must pay as a substitute for the custodial sentence and will set a probationary period of between one and two years.

A sentence of no more than five years does not automatically entitle an offender to a suspended sentence. Courts must still assess the individual's background, any mitigating circumstances, and whether it is genuinely unnecessary for the offender to serve the custodial term.

Those granted a suspended sentence must fulfil their obligations during the probationary period in accordance with the Law on Criminal Sentence Enforcement. Courts may also impose supplementary penalties where the provisions governing the offence provide for them.

Where a person serving a suspended sentence has completed half of their probationary period and has shown significant progress, a court may, at the recommendation of the body or organisation responsible for supervision and rehabilitation, reduce the remaining probationary period.

If during the probationary period a person on a suspended sentence intentionally breaches their obligations under the Law on Criminal Sentence Enforcement on two or more occasions, the court may order them to serve the original custodial sentence.

If a person on a suspended sentence commits a new offence, the court will require them to serve the sentence from the original conviction, which will then be combined with the penalty from the new conviction in accordance with Article 56 of the Penal Code.

The drafting committee said the addition of this mechanism is intended to enhance the humanitarianism and flexibility of criminal justice, create opportunities for community-based rehabilitation, ease the burden on detention facilities, and address gaps in the legal framework. — VNS