No increase in prison sentence after transfer

The Law on Transfer of Persons Serving Prison Sentences stipulates that the converted prison sentence must not be more severe than the sentence imposed by the court of the transferring country.

The National Assembly passed the Law on Transfer of Persons Serving Prison Sentences. Photo: Pham Thang.

On November 26, continuing the 10th Session, the National Assembly voted in the hall to pass the Law on Transfer of Persons Serving Prison Sentences.

The voting results showed that 429/430 National Assembly delegates present approved.

According to Article 25 of the Law on Transfer of Persons Serving Prison Sentences, in cases where the prison sentence in the judgment or decision that the court of the transferring country has imposed on a person serving a prison sentence is inconsistent with the provisions of the Penal Code and other provisions of Vietnamese law, it must be converted accordingly.

The conversion of prison sentences must be based on the circumstances of the case stated in the judgment or decision issued by the court of the transferring country.

The transferred prison sentence must not be more severe in nature and duration than the prison sentence imposed by the court of the transferring country. The time served in the transferring country shall be deducted from the time served in Vietnam.

A person serving a prison sentence who is received back to Vietnam must not have been convicted a second time for a crime already declared in a verdict or decision of a court of the transferring country.

During the process of drafting the law, there were opinions suggesting considering the regulation that the Minister of Public Security presides over and coordinates with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to stipulate detailed content because assigning detailed regulations for Article 25 is inappropriate and unnecessary.

Regarding this issue, the National Assembly Standing Committee said that converting prison sentences is a complicated issue that directly affects the rights of people serving prison sentences, while Vietnam's criminal policy has many differences with other countries.

Therefore, to ensure feasibility and stability in application, the draft law stipulates that " The Minister of Public Security shall preside over and coordinate with the Chief Justice of the Supreme People's Court and the Chief Prosecutor of the Supreme People's Procuracy to prescribe detailed contents in Article 25".

This is to address cases where the prison sentence imposed by the transferring country on a person serving a prison sentence of more than 30 years for multiple crimes, or more than 20 years for a single crime.

In the process of implementing the Law, if any problems or inadequacies arise, the Council of Judges of the Supreme People's Court shall base on the Law on Promulgation of Legal Documents and the Law on Organization of People's Courts to issue resolutions guiding the unified application of the law in adjudication.

This Law comes into force from July 1, 2026.

Laodong.vn

Source: https://laodong.vn/thoi-su/khong-duoc-tang-nang-hinh-phat-tu-sau-khi-chuyen-giao-1615669.ldo