serious crimes.
Death penalty shall not apply to juvenile offenders, pregnant women and women
nursing children under 36 months old at the time of committing crimes or being
tried.
Death penalty shall not apply to pregnant women and women nursing their children
under 36 months old. For these cases, the death penalty shall be converted into life
imprisonment.
In cases where persons sentenced to death enjoy commutation, the death penalty
shall be converted into life imprisonment.
Article 36.- Ban from holding certain posts, ban from practicing certain
occupations or doing certain jobs
The ban from holding certain posts, ban from practicing certain occupations or doing
certain jobs shall apply when it is deemed that to allow the sentenced persons to hold
such posts, practice such occupations or do such jobs, may cause harm to society.
The ban duration ranges from one year to five years from the date the imprisonment
penalty is completely served or the judgement takes legal effect if the principal
penalty is a warning, fine, non-custodial reform or in cases where persons are
sentenced to a suspended sentence.
Article 37.- Ban from residence
Ban from residence means forcing persons sentenced to imprisonment not to take
temporary or permanent residence in certain localities.
The residence ban duration ranges from one year to five years from the date the
imprisonment penalty is completely served.
Article 38.- Probation
Probation means forcing the sentenced persons to reside, earn their living and reform
themselves in a certain locality under the supervision and education of the local
administration and people. During the probation period, the sentenced persons must
not leave their residence places and are deprived of a number of civic rights
according to Article 39 of this Code and banned from practicing certain occupations
or doing certain jobs.
Probation applies to persons who commit crimes infringing upon national security,
dangerous recidivists or in other cases stipulated by this Code.
The probation duration ranges from one year to five years from the date the
imprisonment penalty is completely served.
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