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According to the provisions of the 2015 Penal Code (amended and supplemented in 2017), can the crime of organizing gambling in Vietnam receive a suspended sentence?
What is the Crime of Organizing Gambling in Vietnam?
The crime of organizing gambling involves the act of organizing, managing, or assisting illegal gambling activities. This is a violation of the law and is strictly punished under the criminal law.
The crime of organizing gambling includes various acts such as setting up illegal gambling dens, managing online betting activities, and providing locations and means for gambling activities.
Can the Crime of Organizing Gambling in Vietnam Receive a Suspended Sentence?
According to Article 322 of the 2015 Penal Code (amended and supplemented in 2017), which stipulates the crime of organizing gambling or harboring gambling, there are two main penalty frameworks:
- Clause 1, Article 322: The offender can be fined from 50 million VND to 300 million VND or imprisoned from 1 year to 5 years.
- Clause 2, Article 322: The offender can be imprisoned from 5 years to 10 years.
One of the conditions for an offender to receive a suspended sentence is that the imprisonment sentence does not exceed 3 years. Therefore, if the offender falls under Clause 1, Article 322, and the court imposes a sentence not exceeding 3 years, they can be considered for a suspended sentence if they meet other legal conditions for suspended sentences.
Thus, the crime of organizing gambling can be eligible for a suspended sentence.
Conditions for Offenders of Organizing Gambling in Vietnam to Receive a Suspended Sentence
According to Article 2 of Resolution No. 02/2018/NQ-HDTP dated May 15, 2018, of the Judges Council of the Supreme People’s Court (amended and supplemented by Resolution No. 01/2022/NQ-HDTP dated April 15, 2022), the offender of organizing gambling can be considered for a suspended sentence by the court if they meet all the following conditions:
1/ Imprisonment sentence not exceeding 3 years
2/ Other than this offense, the offender adheres to state policies and laws and fulfills all civic duties at their place of residence and work.
- If the offender has previously been convicted but has had their criminal record expunged, been fined administratively, or disciplined but the period for considering them as not having been administratively fined or disciplined has expired, and the offense of organizing gambling is considered less serious or the offender played a minor role in the case, they can be considered for a suspended sentence.
- If the offender of organizing gambling has been charged under point d of Article 322 due to “having been administratively fined” or “having been convicted” and the court used this as an aggravating circumstance, they can also be considered for a suspended sentence.
3/ The offender has two or more mitigating circumstances of criminal liability, with at least one mitigating circumstance under Clause 1, Article 51 of the Penal Code, and no aggravating circumstances.
- In cases where there are aggravating circumstances, the number of mitigating circumstances must be more than the number of aggravating circumstances by at least two.
4/ The offender has a clear permanent or temporary residence or a stable workplace for at least one year.
5/ The court finds that the offender is capable of self-reform and that granting a suspended sentence does not pose a danger to society or disrupt local security and order.
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