When Is a Person Sentenced to Imprisonment Considered Terminally Ill?

19:11, 10/07/2024

This is a noteworthy content regulated in Decree 52/2019/ND-CP detailing the implementation of certain articles of the Amnesty Law.

To be specific:, Decree 52/2019/ND-CP stipulates that those sentenced to prison who have a terminal illness as specified in point c, clause 3, Article 11 of the Amended Amnesty Law are considered to have one of the following ailments:

- Terminal stage cancer;- Paralysis;- Severe drug-resistant tuberculosis;- Cirrhotic ascites;- Heart failure at level III or higher;- Renal failure at level IV or higher;- HIV at clinical stage IV with opportunistic infections, unable to self-care, and with a poor prognosis, high risk of death, or other diseases as determined in writing by the Medical Assessment Council or by a provincial, military region-level, or higher hospital, indicating inability to self-care and a high risk of death.

According to Decree 52, those sentenced to prison who are frequently ill and unable to self-care are those who have been receiving continuous treatment at healthcare facilities or hospitals for 03 months or more, or intermittently but must be treated at hospitals three times or more, each time for 01 month or more, unable to self-care, with a written conclusion from the Medical Assessment Council or a provincial, military region-level, or higher hospital.

See the related provisions in Decree 52/2019/ND-CP effective from August 1, 2019.

- Thanh Lam -

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