Are gamblers who have been fined for administrative violations entitled to suspended sentences?

01-10-2020 |  

Two years ago, my husband was sanctioned for an administrative violation of VND 5 million for gambling. A few months ago, my husband was arrested by the police while gambling, the amount collected on the silver screen was 3 million. Would you like to tell me that my husband has been fined for administrative violations of gambling, will he be entitled to a suspended sentence? Nguyen Thi Thao (Nam Dinh)

Gambling can be punishable by up to 3 years in prison

Answered:

Article 248 – Penal Code for gambling regulations, any person who gambles in any form lost in money or in artifacts of great value or has been administratively sanctioned for the acts specified in Article 248 and Article 249 of the Penal Code or has been convicted of one of these crimes , if the previous criminal convictions have not been erased but the violations are still committed, the fines of VND 5-50 million, non-detention reform for up to 3 years or imprisonment of between 3 months and 3 years are imposed.

According to the Resolution of the SPCJC guiding the application of a number of provisions of the Penal Code, money or artifacts valued between VND 1 million and under VND 10 million are of great value; Money or artifacts valued from VND 10 million to under VND 100 million are of great value… The amount of VND 3 million seized on the silver screen is a large amount of money so her husband can be renovated without detention for up to 3 years or imprisoned from 3 months to 3 years.

Lawyer Duong Xuan Hui (Hoang Huy Law Office; Address: No. 52, Lane 145/93/2 Co Nhue Street, Bac Tu Liem District, Hanoi)

In addition, the law only considers for the person sentenced to imprisonment to enjoy a suspended sentence when fully meet the following conditions: To be sentenced to imprisonment of not more than 3 years for less serious offenses, serious offenses, very serious offenses; have good personality; does not violate the things prohibited by law; never been convicted, handled for administrative violations, disciplined.

Where the offenders have previous criminal convictions but have their previous criminal convictions erased or are automatically cleared of previous criminal convictions, they are considered un-convicted; having been administratively handled or disciplined but the time limit has expired, they are considered to have not been handled for administrative violations, disciplined or expired the time limit for handling administrative violations or disciplined, they are considered to have not been administratively handled or have not been disciplined. , but not of good character.

The suspension of these cases must be very strict. Reconciliation of current regulations, if your husband's time limit has been handled for administrative violations more than 1 year ago, it is considered that he/she has not been handled for administrative violations. Therefore, if your husband has all the other conditions to receive a suspended sentence, he/she will be considered by the Court for suspended sentence in accordance with the provisions of law.

According to Capital Security