Article 45
A sentence of imprisonment may not be less than thirty days or more than twenty years.

A sentence of imprisonment may not be less than thirty days or more than twenty years.

A sentence of imprisonment referred to in this Article is pronounced in full years and months, and if less than six months, also in days.

A term of imprisonment from thirty to forty years may exceptionally be pronounced for the most serious criminal offences or the most serious forms of criminal offences. Such sentence is pronounced in full years.

A term of imprisonment from thirty to forty years may not be pronounced to a person who, at the time of commission of the criminal offence, was under twenty-one years of age.

When pronouncing a sentence of imprisonment of up to one year, the court may concurrently order its enforcement in the premises where the convicted person lives if, having regard to the personality of the perpetrator, his or her previous life, conduct after commission of the offence, degree of guilt and other circumstances under which the offence was committed, it may be expected that the purpose of punishment will also be achieved in this manner.

A convicted person serving a sentence of imprisonment of up to one year in the manner specified above may not leave the premises where he or she resides, except in cases prescribed by the law governing the enforcement of criminal sanctions. If the convicted person wilfully leaves the premises where he or she resides once for a period exceeding six hours, or wilfully leaves the premises twice for a period of up to six hours, the court shall order that the remaining part of the sentence be served in prison.

A convicted person for a criminal offence against marriage and family who lives with the victim in the same household may not serve the sentence of imprisonment in the premises where he or she resides.

General Provisions on Fines

Article 48

A fine may be determined and pronounced either in daily amounts (Article 49) or in a particular amount (Article 50).

Fines for criminal offences committed for gain may be pronounced as secondary penalties even when not stipulated by law or when the law stipulates that the perpetrator may be punished by imprisonment or a fine, and the court pronounces imprisonment as the principal penalty.

**Fines in Daily Amounts**

**Article 49**

A fine in daily amounts shall be determined by first defining the number of daily amounts and then the sum of the daily amount itself. The final amount of the fine shall be calculated by the court by multiplying the determined number of daily amounts by the value of one daily amount.

The number of daily amounts may not be less than ten or more than three hundred and sixty. The number of daily amounts for the committed criminal offence shall be determined in accordance with the general rules for determining penalties (Article 54).

The sum of one daily amount shall be determined by dividing the difference between the income and necessary expenditures of the perpetrator during the preceding year by the number of days in the year. A single daily amount may not be less than five hundred dinars or more than fifty thousand dinars.

For the purpose of determining the daily amount, the court may request information from banks and other financial institutions, government authorities and legal entities, which are obliged to submit the requested information and may not invoke protection of business or other secrets.

Grounds for Confiscation of Material Gain

Article 91

No one may retain material gain obtained by a criminal offence.

The gain referred to in this Article shall be seized under the conditions stipulated by this Code and by a decision of the court which determined the commission of a criminal offence.

Conditions and Manner of Seizing Material Gain

Article 92

Money, valuables and all other material gains obtained by a criminal offence shall be seized from the offender, and if such seizure is not possible, the offender shall be obliged to hand over other assets corresponding to the value of the material gain obtained through the commission of the criminal offence or to pay a pecuniary amount corresponding to the obtained material gain.

Material gain obtained by a criminal offence shall also be seized from natural or legal persons to whom it was transferred without compensation or with compensation that was obviously disproportionate to its actual value.

Where material gain was obtained by a criminal offence for another person, such gain shall be seized.

Protection of the Aggrieved Party

Article 93

If, in criminal proceedings, a property claim of the aggrieved party is accepted, the court shall order seizure of material gain only if it exceeds the amount of the property claim.

The aggrieved party who, in criminal proceedings, has been directed to institute civil action in respect of his or her property claim may request compensation from the seized material gain if he or she institutes a civil action within six months from the date the decision referring him or her to litigation becomes final.

The aggrieved party who does not file a property claim during criminal proceedings may request compensation from the seized material gain if he or she has instituted civil action to determine the claim within three months from the date of learning of the judgment ordering seizure of material gain, and not later than three years from the date the order on seizure of material gain became final.

In cases referred to above, the aggrieved party must, within three months from the date the decision accepting his or her property claim becomes final, request to be compensated from the seized material gain.