ยง 38
Taking account of provisional detention
1) Any administrative and judicial custody as well as pre-trial detention shall be counted toward penalties of imprisonment and monetary penalties if the perpetrator was in detention
1. in proceedings regarding the act for which he is being punished, or
2. otherwise after commission of that act on suspicion of an act carrying a penalty
and in both cases only to the extent that the detention was not already counted toward a different sentence or the detainee was not already compensated for the detention.
2) When counting the provisional detention toward a monetary penalty, the alternative term of imprisonment shall be decisive.
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
(c) A person being transported shall be detained in custody during the period of transit;
1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.