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How to petition for suspension (or postponement) of execution

  • Publication Date:
  • Last updated:2019-01-03
  • View count:1248

How to petition for suspension (or postponement) of execution

1. Time for petitioning for suspension (or postponement) of execution: Between the announcement of the definitive verdict and the end of execution, the case is to be processed whenever it occurs.

2. Petitioner : The inmate, legal proxy, spouse, interested party

3. Petitioning procedure Petition to the office with a petition form and related supporting documents

4. Content of the petition for suspension (or postponement) of execution If there is any of the following conditions, a petition for suspension (or postponement) may be filed:

(1) Insanity (the complete loss of consciousness and judgment for outside affairs and the inability to decide freely) - a public hospital certificate required.

(2) Pregnancy over five months - a certificate required.

(3) Childbirth less than two months - a birth certificate required.

(4) Illness that may endanger life during imprisonment - a public hospital certificate required.

(5) Enlisting in the army (the sentence is less than six months and the duration of discharging from army or lifting the call -up does not exceed six months) - a call-up order required.

5. Standard of examination and result of process When a prosecutor finds that the petition is consistent with one of the foregoing conditions after examining the documents, he or she will order suspension (or a postponement) of execution until recovery of the illness or the disappearance of the cited condition and notify the petitioner of the decision in written form.

 

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