Vietnam prosecutors propose raising maximum prison term to 30 years

Vietnamese prosecutors are proposing a significant increase in the maximum prison sentence for temporary imprisonment, suggesting it be raised from 20 years to 30 years. This proposal, aimed at aligning with existing laws on the aggregation of sentences and ensuring fairness in parole considerations, was presented during a conference on amending the Penal Code and Criminal Procedure Code.

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In my opinion, raising the sentence as mentioned above will ensure fairness in the process of reducing sentences for parole. Because in the context of abolishing the death penalty for many crimes, only 4 crimes have the death penalty, increasing the term of imprisonment is to educate and ensure deterrence.

Mr. Nguyễn Khánh Toàn, Deputy Head of the Appellate Prosecution Office in Ho Chi Minh City, explained that the current minimum sentence of three months is rarely applied in practice. He proposed raising it to six months to better reflect the time required for investigation, detention, and prosecution, which typically takes five to six months per case. This adjustment aims to make the legal framework more practical and aligned with judicial realities.

Furthermore, the proposal seeks to harmonize the maximum sentence with Article 55 of the Penal Code, which allows for the aggregation of sentences for multiple crimes up to 30 years. Raising the maximum individual sentence would ensure that this aggregation remains meaningful. Prosecutors also argue that increasing the maximum sentence serves as a stronger deterrent, especially as the death penalty has been abolished for many offenses.

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In practice, it takes at least 5-6 months to complete the criminal proceedings for a case.

In addition to sentencing reforms, prosecutors also offered input on simplified procedures within the Criminal Procedure Code. They agreed with provisions allowing for simplified procedures in cases where a suspect "surrenders" or commits a "serious crime." They also supported the draft's stipulation for a written commitment of voluntary guilt and acceptance of punishment under simplified procedures. However, they recommended adjustments to the process of drafting trial preparation minutes, suggesting closer collaboration between judges and prosecutors to ensure adherence to procedural principles.

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This regulation is not yet suitable with the principle of criminal procedure, regarding the function, nhiệm vụ, and authority of the People's Procuracy in proposing penalties and judicial measures. Therefore, it is necessary to adjust the regulation above in the direction: the judge presides, coordinating with the prosecutor.