PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 5 Imposition and Execution of Individual Penalties
Section 56 Execution of a Sentence of Imprisonment
(1) An unsuspended sentence of imprisonment shall be served differentially in prisons a) with surveillance,
b) with supervision,
c) with security, or
d) with increased security.
(2) The court shall generally place to a prison
a) with surveillance an offender who was sentenced for a negligent misdemeanour and
who has not yet served a sentence for an intentional criminal offence,
b) with supervision an offender who was sentenced for a negligent misdemeanour and who has already served a sentence for an intentional criminal offence, or an offender who was sentenced for an intentional criminal offence to less than three years of imprisonment and who has not yet served a sentence for an intentional criminal
offence,
c) with supervision an offender who was sentenced for an intentional criminal offence,
when conditions for placing to a prison with supervision or with increased security are not met, and an offender who was sentenced for a negligent misdemeanour and who
was not placed to a prison with surveillance or supervision,
d) with increased security an offender who was sentenced to an exceptional sentence of
imprisonment (Section 54), who was sentenced to imprisonment for a criminal offence committed in favour of an organised criminal group (Section 108), who was sentenced for an especially serious felony (Section 14(3)) to imprisonment for at least eight years, or who was sentenced for an intentional criminal offence and has escaped from custody or from serving a sentence during last five years.
(3) The court may place an offender to a prison of a different type than to which is he/she supposed to be placed according to Sub-section (2), if the court believes that in the view of the seriousness of the criminal offence and the degree and nature of disturbance of the offender his/her placement to another type of prison shall better induce him/her to lead an upright life; however an offender who was sentenced to imprisonment for life will always be placed to a prison with increased security.
(4) The manner of execution of a sentence of imprisonment in individual types of prisons is regulated by a special legal enactment.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.