Part VII Execution of l Decisions
Article 475 (1) Execution of the death penalty shall be ordered by the Minister of Justice.
(2) The order set forth in the preceding paragraph shall be rendered within six months from the date when the judgment becomes final and binding; provided, however, that, where a request to restore the right to appeal or a request for a retrial, an extraordinary appeal, or an application or request for a pardon is made, the period before these proceedings have finished shall not be included in this period. Neither shall the period before the judgment becomes final nor binding for persons who are co-defendants be included in this period.
Article 476 When the Minister of Justice orders the execution of the death penalty, the death penalty shall be executed within five days.
Article 477 (1) The execution of the death penalty shall be attended by the public prosecutor, the public prosecutor's assistant officer, and the warden of the penal institution or his/her agent.
(2) No person may enter the execution site unless he or she is permitted to do so by the public prosecutor or the warden of the penal institution.
Article 478 The public prosecutor's assistant officer who attends the execution of the death penalty shall produce an execution report, and along with the signatures and seals of the public prosecutor and the warden of the penal institution or his/her agent, shall affix his/her signature and seal thereto.
Article 479 (1) Where the person who has been sentenced to death is in a state of insanity, the execution shall be suspended by order of the Minister of Justice.
(2) Where a woman who is sentenced to death is pregnant, the execution shall be suspended by order of the Minister of Justice.
(3) In cases where execution of the death penalty has been suspended pursuant to the provisions of the preceding two paragraphs, the death penalty shall not be executed without an order from the Minister of Justice after the person has returned to a state of sanity or after such woman has given birth.
(4) The provisions of paragraph (2) of Article 475 shall apply mutatis mutandis to the order referred to in the preceding paragraph. In this case, "the date when the judgment becomes final and binding" shall be read as "the date when the person has returned to a state of sanity or has given birth."
Article 480 When a person who has been sentenced to imprisonment with or without work or misdemeanor imprisonment without work is in a state of insanity, the execution of the sentence shall be suspended at the direction of either the public prosecutor of the public prosecutor's office which corresponds to the sentencing court or the public prosecutor of the local public prosecutor's office which has jurisdiction over the residence of the sentenced person at the time in question, until such a time as said person recovers.
Article 481
(1) In cases where execution of a sentence is suspended pursuant to the provisions of the preceding paragraph, the public prosecutor shall transfer the sentenced person to either a person under obligation to care for him/her or to the head of the local government, and have such a person deliver the sentenced person to a hospital or any other appropriate location.
(2) Until the measures under the preceding paragraph are taken, a person whose sentence has been suspended shall be detained in a penal institution, and the period of such detention shall be included in the term of his/her sentence.
Article 482 Where there are any of the reasons below for a person who has been sentenced to imprisonment with or without work or misdemeanor imprisonment without work, execution of the sentence may be suspended at the direction of the public prosecutor of the public prosecutor's office which corresponds to the sentencing court or at the direction of the public prosecutor of the local public prosecutor's office which has jurisdiction over the residence of the sentenced person at the time in question:
(i) Execution of the sentence is likely to damage the health of the person or it is feared that the person would not be able to survive its execution;
(ii) The person is 70 years of age or older;
(iii) The person is 150 days pregnant or more;
(iv) It is less than 60 days since the person gave birth;
(v) It is feared that irrevocable harm will be caused due to execution of the sentence.
(vi) The person's grandparents or parents are 70 years of age or older, seriously ill or disabled, and there are no other relatives who can take care of them;
(vii) The person's child or grandchild is an infant and there are no other relatives who can take care of him/her;
(viii) There are other significant reasons.
Article 483 During the time period for the request referred to in Article 500 or when that request has been filed, execution of the decision ordering court costs to be borne shall be suspended until the decision on such request becomes final and binding.
Article 484 When a person who has been sentenced to death, imprisonment with or without work or a misdemeanor imprisonment without work is not under detention a public prosecutor shall summon that person. If that person does not respond to a summons, the public prosecutor shall issue a writ of commitment.
Article 485 When a person who has been sentenced to death, imprisonment with or without work or a misdemeanor imprisonment without work escapes or where it is likely that said person will do so, a public prosecutor may issue a writ of commitment or have a judicial police officer issue the writ.
Article 486
(1) When a person who has been sentenced to death, imprisonment with or without work or a misdemeanor imprisonment without work is of residence unknown at the time in question, a public prosecutor may request the Superintending Prosecutor that said person be confined to a penal institution.
(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. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
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.
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.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.