Can detention be applied to pregnant women? This is a question that many people are interested in. The fact, the detention of a person can greatly affect civil rights; especially for vulnerable people such as pregnant women, or people with physical disabilities. Through this article, let’s find out with Lawyer X about this issue, through the article below.
Legal grounds
Criminal Procedure Code 2015
Law on enforcement of custody and temporary detention 2015
Provisions of the law on detention
According to regulations, Detention is one of the measures to isolate the accused and the accused from society for a certain period of time in order to prevent acts of evading the law, obstructing the investigation, prosecution, adjudication, or possible crime. continuing to commit crimes committed by the accused or defendants, ensuring a favorable investigation, prosecution and trial.
This is a strict coercive measure; that directly affects citizens’ right to freedom of the body. Therefore, the application of this measure needs to be, monitored and followed strict procedures.
Accordingly, in Clause 2, Article 119 of the 2015 Criminal Procedure Code; Grounds for application of the detention measure include:
Has been applied other preventive measures but violated.
There is no clear place of residence or the identity of the accused is unknown.
Fleeing or being arrested due to fleeing or showing signs of a fugitive
Continuing to commit crimes or showing signs of continuing to commit crimes.
Having acts of bribing, coercing, or inciting others to make false statements; providing false documents; destroying or forging evidence, documents, and objects of the case; dispersing assets related to the case; threaten, control or take revenge on witnesses and victims; whistleblowers and their relatives.
So, does the law now apply the form of detention for pregnant women? If so, in what cases does this apply?
Is detention applied to pregnant women?
Accordingly, in Clause 4, Article 119 of the Criminal Procedure Code 2015; Regulations on the application and form of temporary detention to the accused and defendants are as follows:
For the accused, the defendant is a pregnant or nursing woman under 36 months old; are elderly and weak, seriously ill, but have a clear residence and background, they shall not be held in temporary detention but apply other preventive measures; except for the following cases:
a) Run away and be arrested under a wanted decision;
b) Continuing to commit the crime;
c) There is an act of bribing, coercing, or inciting others to make false statements; provide false documents; destroy or forge evidence, documents, and objects of the case; dispersing assets related to the case; threaten, control, take revenge on witnesses, victims, crime whistleblowers or their relatives;
d) The accused or defendants of the crime of infringing upon national security and having sufficient grounds; determined that if they were not detained, it would endanger national security.
According to the above provisions, in most cases, temporary detention is not applicable to the accused, the defendant is a pregnant woman; or is raising a child under 36 months old, this temporary detention only applies; when there are sufficient grounds to determine that this person is; acts of fleeing, or causing harm to others…
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The regimes applied to pregnant women in detention
Pregnant women are one of the subjects that are interested and protected by the law. Therefore, although temporary detention may be applied to pregnant women; in certain cases. Done, pregnant women can still apply separate regimes; To create the best conditions for the development of the fetus.
Specifically, in Clause 1, Article 35 of the Law on enforcement of custody and temporary detention in 2015; Pregnant women in temporary detention are entitled to the following regimes:
To be provided with reasonable accommodation, to receive antenatal care and medical care; enjoy a healthy diet;
Persons held in custody or temporary detention are women who are pregnant or have children under 36 months of age; In the same room, they are arranged to have a minimum of 3m2.
If you give birth to a child, you will be guaranteed the standard and quantity of the food as directed by your doctor or doctor; to be provided with food and eat according to the instructions of a physician or doctor; be provided with food, supplies and medicine necessary for the care of the newborn, and are guaranteed breastfeeding time during breastfeeding.
Detention facilities are responsible for carrying out procedures for applying for birth registration. The People’s Committee of the commune where the detention facility is located is responsible for the registration and issuance of birth certificates.
Related question
Detention is a deterrent measure applied to a person who is arrested in an emergency or committing a crime in the act to isolate them from society for a necessary period in order to prevent that person from continuing to commit the crime, obstructing the Investigate and determining this person’s involvement in the crime. Detention may apply to persons detained in an emergency, persons arrested in the case of a red-handed crime, and offenders who confess, head first. animal or against a person arrested under a wanted decision.
No,
In fact, when someone comes to ask for bail, the investigating agency, the prosecutor’s office, the court will base on the nature and degree of danger to society of the behavior and personal identity of the accused and defendants to decide whether or not to be insured. In other words, it is not enough just to be bailed to not be subject to detention prevention measures anymore.
As for salary payment: Clause 2, Article 101 of the Labor Code 2019 stipulates; The employer must give the employee an advance salary corresponding to the number of days the employee is temporarily absent from work; to perform the civic duty for 01 week or more, but not exceeding 01 month’s salary according to the labor contract; and the employee must return the advance amount.
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