How to understand the term of serious disease to be deferred from serving a prison sentence?

How to understand the term of serious disease to be deferred from serving a prison sentence?
Posted date: 05/05/2021

My child was sentenced to 3 years and 6 months in prison by the court for intentionally causing injury but is on bail and has applied for a postponement of judgment due to illness with an injury rate of 27%. I would like to know if my child is seriously ill and injures 27%, will the sentence be postponed?

FDVN's Opinions:

Cases, where imprisonment sentence is deferred, are stipulated in Article 67 of Penal Code 2015:

"a) A convict suffering from a serious disease may have the sentence deferred until he/she recovers;

b) A convict who is a pregnant woman or raising a child under 36 months of age may have the sentence deferred until the child reaches the age of 36 months;

c) If the convict is the sole source of income in the family and his/her imprisonment causes his/her family to face extreme hardship, he/she may have the sentence deferred for up to 01 year, unless he/she commits a crime against national security, a very serious crime or extremely serious crime;

d) A person convicted of a less serious crime may have the sentence deferred for up to 01 year if required by his/her official duties."

Guidance on understanding what a serious disease means, point a Section 7.1 of Resolution No. 01/2007/NQ-HDTP dated October 2, 2007, of the Judicial Council of the Supreme People's Court, guiding the application of some articles of Penal Code on statute of limitations for judgment execution, exemption from serving penalties, and reduction of penalty execution duration as follows:

"7. Regarding Article 61 of the Penal Code

7.1. Persons sentenced to imprisonment if they have a stable workplace or have a specific place of permanent residence, and at the same time, after being sentenced to prison, do not commit serious violations of the law, without grounds to believe that they escaping and falling into one of the following circumstances, the serving of imprisonment penalty shall be postponed:

a) Being seriously disease, that is sick enough to not serve the imprisonment penalty, and if arrested and serving the imprisonment penalty, their lives will endanger; it is, therefore, necessary for them to postpone serving their imprisonment for them to have medical treatment; for example end-stage cancer, ascites cirrhosis, drug-resistant severe tuberculosis grade 4, polio, heart failure grade 3 or higher, kidney failure grade 4 or higher, HIV transition to AIDS with opportunistic infections and has a bad prognosis ... There must be a conclusion from the hospital at the provincial level or higher that the person being sentenced to prison becomes seriously ill and if they are forced to serve the imprisonment sentence, it will endanger their lives.

.... "

Therefore, in your case, it is necessary to have a conclusion from the hospital at the provincial level or higher that the child is seriously ill and if taken to serve the imprisonment sentence, it will endanger their life, the new court will let them be postponed. serve a prison sentence.

Dinh Thi Thong - FDVN Law Firm


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