CDL-REF(2021)022 - 34 - the reports of the Penitentiary Service and Probation Service regarding thereto. In case of replacing the unserved part of a punishment by a milder form of punishment, a convict shall not be exempt from additional punishment imposed against him or her. 2. The unserved part of a punishment may be replaced by a milder form of punishment after the convict has actually served not less than one third of the punishment. 3. When replacing the unserved part of a punishment by a milder punishment, the court may choose any milder form of punishment in accordance with those specified in Article 49 of this Code, within the limits provided for by this Code for each form of punishment. (Article 77 supplemented by HO-62-N of 1 March 2017, supplemented by HO-49-N of 17 May 2016, edited by HO-332-N of 23 May 2018) Article 78. Postponing the serving of the punishment by pregnant women or persons having a child under the age of three, or releasing them from punishment 1. The court may postpone the serving of the punishment by pregnant women or persons — having a child under the age of three — sentenced to imprisonment, except for persons sentenced to imprisonment for a term of more than five years for grave and particularly grave crimes, or release them from punishment within the limits of the term during which a woman is released from work due to pregnancy, delivery, as well as a child’s attainment of the age of three. 2. Where, in cases provided for in part 1 of this Article, the convict abandons the child or has given him or her up to a children’s home or evades taking care of and bringing him or her up, for which he or she has been warned in a written form by a body carrying out surveillance over him or her, the court may, upon the motion of such body, send the convict to serve the punishment imposed by the criminal judgment. 3. After the child reaches the age of three or in case of his or her death, the court may, taking into account the conduct of the convict, release the convict from serving the punishment, or replace the punishment by a milder form of punishment, or send the convict to serve the unserved part of the punishment. In that case, the court may set-off, in full or in part, the unserved term of the punishment against the term of serving the punishment. 4. Where the convict has committed a new criminal offence during the period of release from serving the punishment, the court shall impose a punishment on him or her under the rules provided for in Article 67 of this Code. Article 79. Releasing from punishment due to severe illness 1. Where, while serving the punishment, a person has acquired a mental disorder that has deprived him or her of the ability to realise the actual nature and significance of his or her