1. Concepts

Penalty aggregation of multiple judgments is the aggregating of the penalties imposed in different judgments into one category with the higher or highest level of a given penalty.

2. Summarize many judgments as prescribed by law

According to the provisions of Article 56 of the Penal Code 2015 amended and supplemented in 2017 there are provisions:

“first. In case a person who is serving a sentence is tried again for a crime committed before this sentence was issued, the Court shall decide the penalty for the crime being tried, and then decide the general penalty. according to the provisions of Article 55 of this Code.

The period of serving the penalty of the previous judgment shall be deducted from the general penalty serving time limit.

2. When adjudicating a person who is currently serving a sentence but commits a new crime, the Court shall decide the penalty for the new crime, then sum it up with the unserved part of the previous sentence. and then decide on a general penalty according to the provisions of Article 55 of this Code.

3. In case a person has to serve many legally effective judgments but the penalties of the judgments have not been aggregated, the Chief Justice of the Court has the authority to issue a decision to aggregate the penalties of the judgments. judgment as prescribed in Clauses 1 and 2 of this Article.”

So according to the above regulations, it can be divided into two types of multi-copy synthesis:

• In case the offender is serving a sentence but is tried again for the crime he has committed before, which cannot be combined for trial in the same case, a combination of multiple penalties must be performed. judgment.
• The second case when the offender is serving a sentence but commits a new crime, it is also in the case of a combination of penalties of many judgments.

In cases where a person has to serve many legally effective judgments but the penalties of the judgments have not been aggregated, the Chief Justice of the Court shall issue a decision to consolidate the judgments. On a case-by-case basis, the Chief Justice of the Court shall issue a decision to summarize the judgments. Depending on each specific case, the chief justice of the court shall issue a general decision according to Clause 1 or Clause 2, Article 51 of the Penal Code. According to the provisions of the Inter-sectoral Circular No. 02/TTHN dated December 20, 1991 of the Supreme People’s Court, the Supreme People’s Procuracy directed the people to implement a number of provisions of the law amending and supplementing a number of articles of the Law. of the Penal Code, then:

The legally effective judgments are from different courts but at the same level (same district level in the same province or different province, the same region level, the same military zone level), the chief justice of the court shall issue the judgment. Finally (in terms of time) to issue a decision on the synthesis of penalties, if the legally effective judgments are all of the provincial courts or the military courts of the military zone, the Chief Justice The provincial court or the chief district court of the military zone that issues the final judgment shall issue a decision on the synthesis of penalties.

In case the courts are not at the same level, the chief justice of the higher court shall issue a decision to combine penalties.

In the last case of judgments of the same court, the chief justice of that court shall issue a decision to combine penalties.

3. Principles of summarizing penalties according to the provisions of the penal code

According to the provisions of Clauses 1 and 2, Article 56 of the Penal Code, the general sanctioning decision shall comply with the provisions of Article 55 of the Penal Code.

Article 55, Penal Code 2015 amended and supplemented in 2017 provides:

“When adjudicating a person who commits more than one crime at the same time, the court shall decide the penalty for each crime and summarize the penalties according to the following provisions:

1. For the main penalty:

a) If the declared penalties are both non-custodial reform or term imprisonment, those penalties shall be added together to form a common penalty; the general penalty must not exceed 3 years for non-custodial reform, 30 years for fixed-term imprisonment;

b) If the declared penalties are non-custodial reform or fixed-term imprisonment, the non-custodial reform penalty shall be converted into imprisonment penalty according to the ratio that every 3 days non-custodial reform is converted to 01 day in prison to be aggregated into a general penalty as prescribed at Point a, Clause 1 of this Article;

c) If the heaviest penalty among the declared penalties is life imprisonment, the general penalty shall be life imprisonment;

d) If the heaviest penalty among the declared penalties is death, the general penalty shall be death;

dd) Fines are not combined with other types of penalties; fines are added to the overall penalty;

e) Expulsion does not combine with other types of punishment.

2. For additional penalties:

a) If the declared penalties are of the same type, the common penalty shall be decided within the limits prescribed by this Code for that type of penalty; for fines alone, the fines are added together to form a general penalty;

b) If the declared penalties are of different types, the sentenced person must serve all the declared penalties.”

Therefore, according to regulations, for a prison sentence with a definite term, the total penalty cannot exceed 30 years. Non-custodial reform must not exceed 3 years. For the combination of fixed-term imprisonment and non-custodial reform, the sentence subject to non-custodial reform shall be converted according to the ratio of 03 days of reform and converted to 01 day of imprisonment. For life sentences, the death penalty remains the same as life imprisonment, and the death penalty does not aggregate additional penalties.

Above is the advice of Khoa Tin “Synthesis of penalties of many judgments”.

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