- Not applying death penalty to a pregnant woman or who is nursing a child less than 36 months old when they commit an offence or when they are heard (Article 35 of the Penal Code).
- A pregnant woman who commits an offence (commits the offence during her pregnancy) can be considered as a fact of mitigation of criminal liability (Point l of Item 1 of Article 46 of the Penal Code). [Alternative suggestion for above paragraph] Where a woman commits an offence during her pregnancy, this can be considered as a mitigating fact. (Point l of Item 1 of Article 46 of the Penal Code).
- The Penal Code is not detailed in this respect but when hearing a female accused who is under difficulties, nursing a child less than 36 months old,this can be considered as a fact of mitigation of criminal liability. However, in such a case, the Judge may apply only Item 2 of Article 46 of the Penal Code and must specify in the judgment.
- Any mother who, due to strong influence of backward ideology or special objective circumstances, kills her new-born or abandons such baby to death, shall be sentenced for the offence of «murdering new-borns».
- Death penalty shall not apply to pregnant women and women nursing children under 36 months old. In this case, the death penalty shall be converted into life sentence (Article 35 of the Penal Code).
- Prior to execution of a convicted woman, the Council shall, apart from checking identification, examine any document related to the non-executed death penalty circumstances prescribed in Article 35 of the Penal Code (Item 1 of Article 259 of the CrPC).
- Women who are pregnant or nursing their children under 36 months old, shall be entitled to a postponement of their penalty until their children reach the age of 36 months (Point b of Item 1 of Article 61 of the Penal Code). Noting that women who are pregnant or nursing their children of under 36 months old will not always be entitled to a postponement of their penalty, this is only «POSSIBLE». In principle, if women who are pregnant or nursing children of under 36 months old are convicted for the first time, they may be entitled to a postponement of their penalty, regardless of their convicted offence or heavy or light sentence. Where they are entitled to a postponement of their penalty, if they commit a new offence or take actions against penalty serving, the Court should issue a decision on arresting them to serve their penalty.
- Persons who are serving imprisonment penalties and are pregnant or nursing children under 36 months old, may be entitled to a temporary suspension of their imprisonment penalties (Article 62 of the Penal Code).
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