Considerations regarding the delay and stay of punishment execution

Abstract

The main goal of this article is to analyze the concept and the legal grounds of delaying and interrupting of punishment execution, as well as presenting their main legal effects. A delay or a stay of execution can be granted only on specific legal reasons which are strictly stated in the Criminal Code, such as severe illness, pregnancy and special cases that cause negative effects to the convict himself, his family or his working place. A temporary postponment or stay of execution may occur only if the judge analyzes thoroughly the reasons mentioned in the convinct’s request, the legal medicine expertise report regarding his state of health, which is mandatory, the investigations on his family situation and any other relevant facts related to the case. The delay or stay of punishment is allowed for a specific period of time by taking into consideration the period of time requiered for the convict’s health recovery or the pregnanacy stage. During the delay or stay of execution certain compulsory legal duties must be carried out. After the delay or stay comes to an end, the execution of punishment becomes valid again. An overview of both the delay and stay in execution reflects the importance of this legal matter due to their legal consequences.