Report No. 35

Appendix VII

Provisions Regarding Pregnant Women and Death Sentence

(Position in certain other countries)

Pregnant Women

Australia.-Sentence to death not to be passed on expectant mothers. [U.N. Publication, 'Capital Punishment' (1952) page 25, paragraph 69)].

It is to be respited in Tasmania, and W. Australia (R.C. Report, page 451, paragraph 47).

Canada-Section 577, Criminal Code. Women sentenced to death may "move in arrest of execution" on ground of pregnancy. Thereupon court has to direct one or more registered medical practitioners to be sworn to examine her. If from their report it appears that she is pregnant, execution "shall be arrested" until delivery or until it is no longer possible in the course of nature that she be delivered.

(Appeal against finding allowed).

Ceylon-Sentence of death not to be passed on an expectant mother. (Section 54, Penal Code) (See R.C. Report page 451, paragraph 46).

Chile-Sentence of death not to be notified till 40 days elapse after child-birth.

Greece-Postponed for 6 months in case of breast feeding; otherwise postponed for 30 days.

Iran-Postponed for two years in case of breast-feeding; otherwise postponed for 3 months.

(U.N. Publication, page 25, paragraph 69). New Zealand-(Section 15, Crimes Act, 1961).

Sentence of death not to be passed on pregnant women. Instead, she is to be sentenced to life imprisonment. (Appeal against finding allowed).

U.K.-Sentence of Death (Expectant Mothers) Act, 1931-Substitution of penal servitude for life.

Many other countries.-Execution of sentence is postponed until delivery (U. N. Publication, page 49, paragraph 185).