Resolution 03/2025/NQ-HDTP of the Council of Judges of the Supreme People's Court guiding the application of a number of regulations on converting the death penalty into life imprisonment was issued on 30/9/2025.
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Article 2 of Resolution 03/2025/NQ-HDTP (effective from November 1, 2025) provides guidance on the conversion of the death penalty into life imprisonment.
Accordingly, a person sentenced to death before July 1, 2025 who has not yet served his/her sentence will have his/her death penalty converted into life imprisonment if he/she falls into one of the following cases:
- Suffering from terminal cancer as prescribed in Point c, Clause 3, Article 40 of the 2015 Penal Code, No. 100/2015/QH13, which has been amended and supplemented by a number of articles under Law No. 12/2017/QH14, Law No. 59/2024/QH15 and Law No. 86/2025/QH15;
- Being sentenced to death for one of the following crimes: Crime of activities aimed at overthrowing the people's government (Article 109); Crime of espionage (Article 110); Crime of sabotaging the material and technical facilities of the Socialist Republic of Vietnam (Article 114); Crime of manufacturing and trading in counterfeit medicines and disease prevention medicines (Article 194); Crime of illegally transporting narcotics (Article 250); Crime of embezzlement of property (Article 353); Crime of accepting bribes (Article 354) and Crime of undermining peace and waging aggressive wars (Article 421);
- Being sentenced to death for the Crime of illegally manufacturing narcotics (Article 248) or the Crime of illegally trading narcotics (Article 251) if one of the following cases occurs:
The quantity or volume of narcotics determined in the judgment to decide the penalty is equal to or lower than the minimum quantity or volume of narcotics prescribed in Clause 5, Article 248 or Clause 5, Article 251 of the Penal Code;
The mass and volume of narcotics determined in the judgment to decide the penalty is greater than the lowest mass and volume of narcotics prescribed in Clause 5, Article 248 or Clause 5, Article 251 of the Penal Code, where the offender is not the mastermind, leader, commander, or does not have two or more aggravating circumstances of criminal responsibility.
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