I see many officials being prosecuted for causing damage to the state but the court gave them suspended sentences. So can these officials return to their previous jobs?
In the case of the chairman, vice chairman of the committee, or other equivalent or higher positions, can they return to their old jobs? What does the law say about cases of suspended sentences?
Reader Thu Hang.
Consulting attorney
Lawyer Dang Thi Thuy Huyen (HPL & Associates Law Firm LLC) advises that cadres are Vietnamese citizens who are elected, approved, appointed to hold positions and titles for a term in agencies of the Communist Party of Vietnam , the State, socio-political organizations at the central, provincial and district levels, on the payroll and receiving salaries from the state budget.
Commune-level cadres are elected to hold positions for a term in the Standing Committee of the People's Council, People's Committee, Party Committee Secretary, Deputy Party Committee Secretary, and head of socio-political organizations (Article 4 of the Law on Cadres and Civil Servants).
Lawyer Dang Thi Thuy Huyen
Civil servants are Vietnamese citizens who are recruited and appointed to ranks, positions, and titles in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial, and district levels; in agencies and units of the People's Army but are not officers, professional soldiers, defense workers, etc.
According to Clause 3, Article 78 of the Law on Cadres and Civil Servants, when a cadre commits a crime and is convicted by a court and the verdict or decision has come into legal effect, he or she will automatically cease to hold the position elected, approved, or appointed.
When an official has been convicted of a crime other than corruption and is given a suspended sentence, he or she will not be forced to resign, but will no longer be allowed to hold elected, approved, or appointed positions (such as chairman and vice chairman of People's Committees at all levels...).
In addition, those who are granted suspended sentences are cadres, civil servants, public employees, officers, police workers... if they are allowed to continue working, they will be assigned jobs that ensure the requirements of supervision andeducation , and will receive salaries and other benefits appropriate to the work they undertake, which will be counted towards their working time and time in service (Article 88 of the Law on Enforcement of Criminal Judgments).
So when will an officer who violates the law be given a suspended sentence? Article 65 of the Penal Code stipulates, When sentencing to imprisonment for no more than 3 years, based on the offender's personal background and mitigating circumstances, if it is deemed unnecessary to enforce the prison sentence, the court shall grant a suspended sentence and set a probation period of 1 to 5 years and perform obligations during the probation period according to the provisions of the Law on Enforcement of Criminal Judgments.
During the probation period, the court shall assign the person serving a suspended sentence to the agency or organization where he/she works, or the local authority where he/she resides, for supervision and education. The family of the convicted person shall be responsible for cooperating with the agency, organization, or local authority in supervising and educating that person.
The court may decide to apply an additional penalty to a person serving a suspended sentence if the applicable law provides for this penalty.
If a person on suspended sentence has served half of the probation period and has made much progress, the court may, at the request of the agency or organization responsible for supervision and education, decide to shorten the probation period.
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