In what cases is the execution of a prison sentence postponed?

Reply:

Postponement of the execution of a prison sentence is when a criminal is allowed by a competent court to not have to serve his prison sentence for certain reasons. Article 67 of the 2015 Penal Code (amended in 2017) stipulates the cases in which the suspension of the execution of a prison sentence is applied, including:

- Serious illness is postponed until health is restored;

- Pregnant women or women raising children under 36 months old can postpone until their children are 36 months old;

- Being the only worker in the family, if having to serve a prison sentence, the family will face special difficulties, the sentence will be postponed for up to 01 year, except in cases where that person is convicted of crimes against national security or other crimes that are very serious crimes, especially serious crimes;

- Convicted of a less serious crime, due to official duties, the sentence may be deferred for up to 01 year.

Thus, in the case of Ms. NTV's acquaintance who is raising a child under 36 months old, the prison sentence will be postponed until the child is 36 months old.

However, during the period of suspension of the prison sentence, if the person whose sentence is suspended commits a new crime, the Court shall force that person to serve the previous sentence and combine it with the sentence of the new sentence according to the provisions of Article 56 of the Penal Code.

Specifically, Clause 2, Article 56 stipulates: When trying a person who is serving a sentence but commits a new crime, the Court shall decide on the penalty for the new crime, then combine it with the unexecuted penalty of the previous sentence and decide on the general penalty according to the provisions of Article 55 of this Code.