Can a Husband Postpone Serving a Prison Sentence When His Wife Is Pregnant?

Pregnant wife is 4 months into the term, can the husband defer serving his prison sentence? Please advise.

According to Article 67 of the Criminal Code 2015, a person sentenced to imprisonment may have the execution of the sentence deferred in the following cases:

- If suffering from a serious illness, the sentence can be deferred until health is restored;

- If a woman is pregnant or raising a child under 36 months old, the sentence can be deferred until the child reaches 36 months old;

- If the person is the sole laborer in the family, and serving the prison sentence would cause the family to face particular hardship, the sentence can be deferred for up to 1 year, except in cases where the person is convicted of crimes against national security or other particularly serious crimes;

- If convicted of a less serious crime, due to public service needs, the sentence can be deferred for up to 1 year.

Thus, the case of a pregnant wife is not a basis for the husband to have the execution of his prison sentence deferred.

Therefore, you may be considered for deferment of your prison sentence if you are the sole laborer in the family, and serving the prison sentence would cause the family to face particular hardship.

Sincerely!

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