Chapter IX
TIME LIMIT FOR JUDGMENT EXECUTION, EXEMPTION FROM SERVING SENTENCES, REDUCTION OF SENTENCE DURATION
Article 60. Time limit for judgment execution
1. The time limit for execution of a criminal judgment means a limited period of time defined by this document after which the convicted person or corporate legal entity is no longer required to serve the given sentence.
2. Time limits for execution of a sentence imposed upon a person:
a) 05 years if the sentence is a fine, community sentence or imprisonment of 03 years or shorter;
b) 10 years if the sentence is imprisonment of from over 03 years to 15 years;
c) 15 years if the sentence is imprisonment of from over 15 years to 30 years;
d) 20 years if the sentence is life imprisonment or death.
3. Time limits for execution of a sentence imposed upon a corporate legal entity is 05 years.
4. The time limit for execution of a sentence begins from its effective date. Within the time limit set out in Clause 2 and Clause 3 of this Article, if the convicted person or corporate legal entity commits a new crime, the time limit will be reset and begins from the day on which the new crime is committed.
5. During the time limit set out in Clause 2 of this Article, if the convicted deliberately avoid and has a wanted decision, the time limit will begin when he/she turns himself/herself in or gets arrested.
Article 61. Non-application of time limit for sentence execution
There are no time limits for execution of sentences for the crimes specified in Chapter XIII and Chapter XXVI hereof.
Article 62. Exemption from serving sentences
1. A convict shall be exempt from serving his/her sentence in the event of a parole or general amnesty.
2. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to community sentence or imprisonment of up to 03 years and has not served that sentence from serving the sentence in any of the following circumstances:
a) The convict has made reparation in an effort to atone for the crime after being convicted;
b) The convict has a fatal disease;
c) The convict abides by law, his/her family is facing extreme hardship and he/she is considered no longer dangerous to society.
3. The Court, at the request of Director of the Procuracy, might exempt a person who is sentenced to imprisonment of over 03 years and has not served that sentence from serving the sentence if he/she has made reparation in an effort to atone for the crime or has a fatal disease and considered no longer dangerous to society.
4. If a person who is sentenced to imprisonment of up to 03 years, has had the sentence suspended and has made reparation in an effort to atone for the crime during the suspension period or abides by law or his/her family is facing extreme hardship and he/she is deemed no longer dangerous to society, the Court, at the request of Director of the Procuracy, might exempt him/her from serving the rest of the sentence.
5. If a fined person has served part of the sentence and is facing prolonged financial hardship due to a natural disaster, conflagration, accident or disease and thus no longer able to pay the remaining fine or has made reparation in an effort to atone for the crime, the Court, at the request of Director of the Procuracy, might exempt him/her from paying the remaining fine.
6. If a person prohibited from residence or kept under mandatory supervision has served at least half the sentence and shows remarkable improvements, the Court, at the request of the criminal sentence execution authority of the district where he/she serves the sentence, might exempt him/her from serving the rest of the sentence.
7. The person exempt from serving a sentence as set out in this Article must fulfill the civil obligations specified in the judgment.
Article 63. Commutation of sentence
1. If a person who is sentenced to community sentence, determinate imprisonment or life imprisonment has served the sentence for a sufficient period of time, shows improvements and has fulfilled part of the civil liability, the Court, at the request of a competent criminal sentence execution authority, might issue a decision on commutation of the sentence.
The convict must serve the sentence for a sufficient period of time which is one third of the duration of community sentence or determinate imprisonment or 12 years of the life sentence.
2. A person might receive more than one commutation. Nevertheless, at least half of the sentence must be served.
The first commutation of a life sentence shall be 30-year imprisonment. Nevertheless, a life sentence must be served for at least 20 years in reality regardless of the number of commutations.
3. If a person is convicted of multiple crimes and the sentence for one of which is life imprisonment, the Court may only give the first commutation to 30-year imprisonment after the convict has served the sentence for 15 years. Nevertheless, he/she must serve the sentence for at least 25 years in reality regardless of the number of commutations.
4. If a person who has received a commutation commits a new crime that is less serious, the Court may only give the first commutation after he/she has served haft of the combined sentence.
5. If a person who has received a commutation commits a new crime that is serious, very serious or extremely serious, the Court may only give the first commutation after he/she has served two thirds of the combined sentence. If the combined sentence is life, commutation shall be considered in accordance with Clause 3 of this Article.
6. With regard a person who is sentenced to death and receives a commutation or a person sentenced to death in the circumstances specified in Point b or Point c Clause 3 Article 40 hereof, the first commutation may only be given after the convict has served the sentence for 25 years. Nevertheless, he/she must serve the sentence for at least 30 years in reality.
Article 64. Commutation under special circumstances
If the convict deserves further leniency (he/she has made reparation in an effort to atone for the crime, is too old and weak or has a fatal disease), the Court may consider giving a commutation sooner or at a greater degree than those set out in Article 63 hereof.
Article 65. Suspended sentences
1. Where a person is sentenced to imprisonment of up to 03 years, in consideration of the offender's records and mitigating factors, the Court might give a suspended sentence with a probation period of 1 - 5 years and request the convict to fulfill certain obligations during this period in accordance with the Law on criminal sentence execution if imprisonment is deem unnecessary.
2. During the probation period, the convict shall be supervised and educated by the organization or agency for which he/she works or the local authority. The family of the convict has the responsibility to cooperate with such agency or organization or the local authority in supervising and educating him/her.
3. The court may impose additional sentences upon the convict if provided for by the applied provision of law.
4. After the convict has completed half the duration of the probation and shows improvements, at the request of the supervising agency/organization, the Court shall consider reducing the probation period.
5. During the probation period, if the convict deliberately fails to fulfill his/her obligations twice or more as prescribed by the Law on criminal sentence execution, the Court might require him/her to serve the sentence. If the convict commits a new crime, the Court shall force him/her to serve a combined sentence of the suspended sentenced and the new sentence as prescribed in Article 56 hereof.
Article 66. Conditional parole
1. A person serving an imprisonment sentence (prisoner) may be granted parole when all of the following conditions are satisfied:
a) The prisoner does not have prior criminal record;
b) The prisoner shows remarkable improvements;
c) The prisoner convicted of a serious crime, very serious crime or extremely serious crime has received a commutation;
d) The prisoner has a fixed residence;
dd) The prisoner has paid fines, legal costs and civil compensation in full;
e) The prisoner has served at least half of determinate imprisonment or at least 15 years of life imprisonment commuted to determinate imprisonment.
A prisoner who is a wounded soldier, sick soldier, member of a martyr's family, aged 70 or older, a person suffering from a serious physical disability or extremely serious physical disability, a woman raising a child under 36 months of age must serve at least one third of determinate imprisonment or at least 12 years of life imprisonment commuted to determinate imprisonment;
g) The offence is not committed in any of the circumstances specified in Clause 2 of this Article.
2. Parole shall not be granted to:
a) any prisoner that is convicted of infringement of national security; terrorism, disruption of peace, crimes against humanity, war crimes; any person sentenced to 10 years' imprisonment or longer for deliberate infliction of harm to human life, health or dignity; any person sentenced to 7 years' imprisonment for robbery, kidnapping for ransom, illegal manufacturing, trading, appropriation of narcotic substances;
b) any person sentenced to death and granted commutation or any person in the circumstances specified in Clause 3 Article 40 hereof.
3. At the request of a competent criminal sentence execution authority, the Court shall decide granting parole. The person granted parole must fulfill his/her obligations during the probation period. The probation period equals (=) the remaining duration of the imprisonment sentence.
4. If the person granted parole deliberately fails to fulfill his/her obligations twice or more or receives 02 or more administrative penalties during the probation period, the Court might cancel the parole and force him/her to keep serving the sentence.
If such person commits a new crime during the probation period, the Court shall force him/her to serve a combined sentence of the unserved sentenced and the new sentence as prescribed in Article 56 hereof.
5. After the person granted parole has served half of the probation period and shows remarkable improvements, at the request of the competent criminal sentence execution authority, the Court shall consider reducing the probation period.
Article 67. Deferred imprisonment sentence
1. A person sentenced to imprisonment (the convict) might have the sentence deferred in the following cases:
a) A convict suffering from a serious disease may have the sentence deferred until he/she recovers;
b) A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;
c) If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;
b) A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties.
2. During the deferment, if the convict commits a new crime, the Court shall require him/her to serve a sentence which is a combination of the deferred sentence and the new sentence as prescribed in Article 56 hereof.
Article 68. Suspended imprisonment sentence
1. A person who is serving an imprisonment sentence may have the sentence suspended in the circumstances specified in Clause 1 Article 67 hereof.
2. The duration of suspension shall be included in the imprisonment period.
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