Vietnamese criminal law always focuses on protecting the rights and health of vulnerable people in society, especially pregnant women. The issue of "postponing prison sentences for pregnant women" is not only related to the implementation of justice but also demonstrates the humanity and leniency of the law. Apolo Lawyers will analyze in detail the legal provisions related to postponing prison sentences for pregnant women, the delay period, leniency policy and the role of lawyers in this process. In case you need advice, please contact us via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.
Postponement of prison sentence is a measure prescribed in criminal law to temporarily suspend the execution of a prison sentence for a convicted person for a certain period of time. This measure is often applied to subjects in need of special protection or special cases to ensure humanity and fairness in the law enforcement process.
To postpone serving a prison sentence, the convicted person or legal representative must make a request to postpone serving a prison sentence and send it to the criminal judgment enforcement agency. The application must be accompanied by necessary evidence and documents proving the reason for the postponement. The criminal judgment enforcement agency will consider and decide to postpone the prison sentence based on the evidence and documents provided.
Postponing prison sentences is important in ensuring humanity and fairness of criminal law. It allows the convicted person time to resolve personal and family issues, while protecting the rights of vulnerable groups such as pregnant women, young children and the sick. Postponing prison sentences also helps reduce pressure on the prison system, while giving convicted people the opportunity to correct their mistakes and reintegrate into society more effectively.
Can pregnant women have their prison sentence postponed?According to Vietnamese criminal law, pregnant women are entitled to a number of special rights to protect their health and the development of the fetus. Specifically, Article 67 of the 2015 Criminal Law (amended and supplemented in 2017) stipulates that pregnant women or women raising children under 36 months old can have their prison sentence postponed.
Specific provisions in Article 67 of the 2015 Criminal Law (amended and supplemented in 2017) clearly state:
1. Pregnant women: Women who are pregnant at the time of conviction may have their prison sentence postponed. The purpose of this regulation is to protect the health of both mother and fetus, while reducing psychological and physical pressure on women during pregnancy.
2. Women raising children under 36 months of age: For women raising children under 36 months of age, the postponement of imprisonment is to ensure the best development and care for children during their years of life. early life.
These regulations not only protect the rights of women and children but also demonstrate the humanitarian spirit of Vietnamese law, contributing to building a fair and humane society.
Can pregnant women have their prison sentence postponed?Thus, based on the provisions of Article 67 of the 2015 Criminal Law (amended and supplemented in 2017), pregnant women or raising children under 36 months of age can have their prison sentence postponed until their children reach adulthood. 36 months old. This means:
Pregnant women: The delay period can last from the time the pregnancy is determined until the child is 36 months old. If a woman is convicted while she is in her first month of pregnancy, the period of postponement of the prison sentence can last up to nearly 4 years (9 months of pregnancy and 36 months of raising the child).
Women raising children under 36 months of age: If a woman is convicted when her child is under 36 months of age, the deferral period will last until the child is 36 months old. For example, if the defendant of child is only 6 months old, the delay will be another 30 months until the child is 36 months old.
After the postponement period ends, the convicted person must serve the remaining prison sentence, unless there are extenuating circumstances or a pardon decision from the competent authority.
If you find it too difficult or need support, please contact Apolo Lawyers. With a team of lawyers and legal experts with extensive experience in the criminal field, we can guide you through the correct legal procedures.
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