On 20/9, the People's Procuracy of Khanh Hoa Province sent an official request to the Chief Justice of the People's Court of the same level, recommending a waiver of the prison sentence for 25-year-old Kiet, a resident of Ninh Hoa ward. The victim in this case is Kiet's 19-year-old wife.

Kiet was sentenced to 3 years in prison for having sexual intercourse with his wife (then his 15-year-old girlfriend) when she was between 13 and 16 years old, resulting in pregnancy. He was granted a one-year reprieve by the People's Court of Area 4 - Khanh Hoa.

Huynh Tran Kiet and his two young children at their rented house in Ninh Hoa ward. Photo: Sao Mai

Huynh Tran Kiet and his two young children at their rented house in Ninh Hoa ward. Photo: Sao Mai

According to the Procuracy, this is Kiet's first offense. He has a good record and received several commendations during his military service from the Political Commissar of Brigade 132 - Signal Corps for his achievements in emulation movements. Kiet and his wife registered their marriage in 2024. They have two children and live in a rented house in Ninh Hoa ward. Kiet works as a freelance painter and has been the primary breadwinner for several years.

"The convicted individual, Kiet, has demonstrated good legal compliance and faces particularly difficult family circumstances (confirmed by local authorities). He has shown remorse, takes responsibility for his family, and works to support his wife and children, posing no further threat to society," the Procuracy assessed.

Therefore, the Procuracy has requested the court to consider waiving Kiet's 3-year prison sentence, based on point c, Clause 2, Article 62 of the 2015 Penal Code: "A person sentenced to up to 3 years in prison who has not yet served the sentence may, upon the recommendation of the Chief Procurator of the People's Procuracy, be granted a waiver by the Court if they face particularly difficult family circumstances and are deemed no longer a danger to society."

Case files show that in 1/2021, Kiet (then 21) and his girlfriend (later his wife, then 15) began a romantic relationship and engaged in sexual intercourse. By 4/2021, his girlfriend became pregnant. With the agreement of both families, she moved in with Kiet and they lived together as husband and wife. She gave birth to their first child in early 2022 and their second in mid-2024.

In 5/2024, Kiet and his partner went to the People's Committee of Ninh Hiep ward, former Ninh Hoa township (now Ninh Hoa ward) to register their marriage. Two months later, when Kiet's wife applied for a birth certificate for their child, the police discovered she had given birth to their first child before turning 16. They then reported the crime to the Ninh Hoa Township Police (former) for investigation. Kiet was subsequently prosecuted for sexual intercourse with a person between 13 and 16 years of age.

At the first-instance trial, Kiet was sentenced to 3 years and 6 months in prison. He and his wife later filed an appeal for a reduced sentence, hoping for a suspended sentence.

On 30/7, the Khanh Hoa Provincial People's Court held an appellate trial and sentenced Kiet to 3 years in prison (6 months less than the original sentence) due to the mitigating circumstance that he "had compensated his wife financially". Kiet and his wife then requested a postponement of the sentence execution.

On 17/9, the Chief Justice of the People's Court of Area 4 - Khanh Hoa Province decided to postpone Kiet's prison sentence for one year. A day later, Kiet and his wife petitioned for a full waiver of the prison sentence.

Lawyer Nguyen Hong Ha, Khanh Hoa Bar Association (who provides legal aid to Tran Huynh Kiet), explained that according to the Law on the Execution of Criminal Judgments, based on the petition for a waiver and the recommendation from the Chief Procurator of the Provincial People's Procuracy, the Chief Justice of the Khanh Hoa Provincial People's Court will assemble a council of 3 judges to review and decide on the waiver, assigning one judge to preside over the meeting.

If the application for a waiver is complete, the presiding judge will convene a hearing to consider the waiver and notify the Provincial People's Procuracy in writing to send a prosecutor to participate in the hearing.

Accordingly, a prosecutor from the Provincial People's Procuracy must participate in the waiver hearing. The decision on the waiver will take legal effect from the day following the expiry of the appeal period according to appellate procedures and may be subject to appeal. The procedures for handling appeals are governed by the Criminal Procedure Code.

Bui Toan