Study on the Issue of Execution Outside Prison for Criminals in Pregnancy and Lactation Period
Suspended imprisonment is a form of execution provided for in article 265 of the current Code of Criminal Procedure,and it is carried out in a variety of circumstances,including pregnancy and breastfeeding.The issue of pregnant and breastfeeding offenders abusing the system of provisional release from imprisonment to evade custodial penalties and the related countermeasures have been discussed many times before.However,there are still many related issues that need to be examined,such as whether the starting time of provisional re-lease from imprisonment should be counted from the date of the birth of the offender or the date of the decision on provisional release from imprisonment in the actual stage of execution?After the birth of a child,when the term of provisional supervision has expired and it takes time for the court to decide on a second provisional supervi-sion.Can the community correctional institution continue to supervise the offender in the meantime?A study of these issues will help to resolve the problem of the procedural disconnect between the court's trial process and the provisional release process in judicial practice,so as to ensure that the provisional release system safeguards human rights and educates,rehabilitates and saves the offender,among other things.
suspended imprisonmentpregnancy and lactationduration of lactation
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