Postponement of Penal Sentence Enforcement Due to Serious Illness?
Point a, Clause 1, Article 4 of Circular 03/2013/BCA-TANDTC-VKSNDTC-BQP-BYT sets out the conditions under which a prisoner with a serious illness may apply for a temporary suspension of sentence execution as follows:
Firstly, the prisoner must have one of the terminal illnesses such as: late-stage cancer, paralysis, severe drug-resistant tuberculosis, ascitic cirrhosis, heart failure of grade III or higher, renal failure of grade IV or higher, HIV that has progressed to AIDS with opportunistic infections, inability to care for oneself and a poor prognosis with a high risk of death, or have another illness that the Medical Assessment Council, a provincial or military region-level hospital or higher, has concluded in writing to be a terminal illness threatening life.
Secondly, they must be unable to continue serving their prison sentence, and if forced to do so, their life would be in danger.
Thus, you have not clearly stated what serious illness your father is suffering from. If he wishes to be considered for a temporary suspension of sentence execution, he must meet the conditions stated above. Therefore, if deemed necessary, the competent authority may consider granting your father a temporary suspension of his prison sentence to seek medical treatment.
Regarding the procedure: Your family needs to submit an application requesting a temporary suspension of sentence execution for your father, with confirmation from the People's Committee of the commune where he resides. This should be sent to the superintendent of the prison or detention center or the head of the local law enforcement agency tasked with executing the sentence where your father is serving time for review and proposal for resolution according to the law.
Duration of temporary suspension of sentence execution:
A prisoner with a serious illness may have their sentence execution temporarily suspended once or multiple times until their health recovers.
The above is advisory content regarding the application for temporary suspension of sentence execution when a prisoner has a serious illness.
Sincerely!
