What is the suspended sentence that Ngoc Trinh is about to face?

Ho Chi Minh City opened the trial of defendant Tran Thi Ngoc Trinh (born 1989) on charges of disrupting public order. In connection with the case, Tran Xuan Dong (born 1987) was tried on charges of disrupting public order and Using false documents of organizational agencies.

According to the Social Security Council, Ngoc Trinh and Dong's acts of disrupting public order are dangerous to society, threatening the safety of life and health of others, causing insecurity and order in the locality; the act of using fake documents of Dong's agencies and organizations also infringes on the state administrative management order and the normal operation of organizational agencies.

According to the JSC, the defendants were fully aware of their behavioral competencies but with disregard for the law, intentionally committing the crime.

As to aggravating circumstances, mitigating penalty and punishment, according to the court, in the case, the defendants were all guilty of 2 or more offenses.

But the defendants are all of good character, first-time offenders, and have no criminal record. In court, the defendants all declared sincerity and repentance; Defendant Trinh participated in voluntary work, had many certificates of merit and letters of praise, while defendant Dong had relatives in his family who were revolutionary workers, some were martyrs... Therefore, the Board considers mitigation for the defendants.

For Ngoc Trinh, the jury considered the defendant guilty for the first time, had many mitigating circumstances of criminal responsibility, had a clear residence, had been detained for more than 3 months, the detention period partly had a deterrent effect, so it was not necessary to force the defendant to serve his prison sentence, Therefore, it is necessary to grant the defendant a suspended sentence, fixing a period of probation, in accordance with the provisions of law.

What is a suspended sentence?

A suspended sentence is a measure of exemption from serving a conditional sentence of imprisonment, applied by the Court to an offender who is imprisoned for not more than 03 years, based on the identity of the offender and mitigating circumstances, deeming it unnecessary to compel them to serve the imprisonment sentence. (According to Article 1 of Resolution 02/2018/NQ-HDTP).

Thus, a suspended sentence is not a punishment, but a measure of exemption from serving a conditional sentence of imprisonment, applicable to a person sentenced to imprisonment for not more than 03 years.

Ngoc Trinh was sentenced to 1 year in prison, received a suspended sentence, and a probation period of 2 years.

During the probationary period, Ngoc Trinh is entitled to the following benefits:

•If Ngoc Trinh makes a lot of progress, the probation period can be shortened after serving one-half of the probation period. At the same time, Ngoc Trinh can be decided by the Court to shorten the probation period several times, but must ensure that the actual time limit for serving the probation period is three-quarters.

•In case Ngoc Trinh is a salaried employee, if he is allowed to continue working at the agency, organization or place where he worked before committing the crime, he shall be assigned a job suitable to the requirements and purposes of supervision and education and be entitled to the salary-earning employee regime according to the job he undertakes

•Ngoc Trinh can be supervised, educated, helped by the People's Committee of communes, wards and townships to find jobs and stabilize her life in the locality.

• Ngoc Trinh may be exempted from serving the remaining probation period if she succeeds or suffers from a serious illness provided that one-half of the probation period has been served; strictly obey the law; sincerely repent, actively labor, study; be requested in writing by agencies, organizations or local authorities responsible for supervision and education to consider shortening the probation period.

Ngoc Trinh must perform the following obligations:

•Strictly abide by their commitments in complying with the law, fully fulfilling their civic obligations, rules and regulations of the place of residence and work;

•Must be present at the request of the agency or organization assigned to supervise and educate.

•Must declare temporary absence if leaving the residence for 01 day;

•Submit self-comments every 3 months to the person directly supervising and educating.

•In case Ngoc Trinh intentionally violates the obligation 02 times or more, he shall be forced to serve the imprisonment of the sentence entitled to a suspended sentence

•In case Ngoc Trinh commits a new crime, he must serve the imprisonment of the previous sentence and combine it with the punishment of the new sentence.

Previously, Ngoc Trinh was detained for 4 months. Therefore, many question whether that period of detention will be deducted or converted from the sentence just handed down.

In this regard, on May 6, 2021, the Supreme TAND (TANDTC) issued Official Dispatch No. 58/TANDTC-PC answering the issue of determining the term of imprisonment but granting a suspended sentence.

Accordingly, the period of detention or detention shall not be deducted from the term of imprisonment for offenders to whom imprisonment is imposed but given suspended sentences. If, during the period of probation, they commit a new offence or breach their obligation to serve the imprisonment sentence of the sentence for which the suspended sentence has been given, the Court shall, upon settlement, subtract the period during which they have been detained or detained from the sentence for which the suspended sentence or new sentence has been given.

The letter noted that in the process of implementation, if there are problems or suggestions or recommendations, they will reflect on TANDTC, through the Department of Legal and Scientific Management, for timely guidance.

Ngọc Trinh đầy hối lỗi sau bao ồn ào, liệu có bị "bít cửa" con đường nghệ thuật? Minh Ngọc08:54:01 10/02/2024Ngày 2/2 vừa qua, Ngọc Trinh bị tuyên án 1 năm tù treo, được trả tự do ngay tại tòa. Hiện tại, Ngọc Trinh đã quay trở về cuộc sống thường nhật, tiếp tục thực hiện những ước mơ và công việc còn dang dở.