Article 35
(1) Long-term prison sentences may not be shorter than thirty years or longer than forty years.
(2) A long-term prison sentence may be prescribed for the most serious criminal offences, provided that it may not be prescribed as the only penalty for a specific criminal offence.
(2) A long-term prison sentence may not be imposed on persons:
1) who were under twenty one years of age at the time of the commission of the offence;
2) whose mental capacity was significantly reduced at the time of the commission of the offence (Article 14, paragraph 2);
3) who attempted to commit a criminal offence.
Article 39
(1) A fine may not be set at below two hundred euro. A fine may not exceed twenty thousand euro, while for criminal offences committed out of greed it may not exceed one hundred thousand euro.
(2) When imposed as the principal penalty, a fine shall be imposed as follows:
1) up to two thousand euro for criminal offences punishable by a prison sentence of up to three months;
2) from four hundred to four thousand euro for criminal offences punishable by a prison sentence of up to six months;
3) from six hundred to eight thousand euro for criminal offences punishable by a prison sentence of up to one year;
4) from eight hundred to sixteen thousand euro for criminal offences punishable by a prison sentence of up to two years;
5) minimum one thousand two hundred euro for criminal offences punishable by a prison sentence of up to four years;
6) minimum one thousand two hundred euro for criminal offences which carry a fine as the only penalty.
(3) For criminal offences committed out of greed, a fine as an accessory penalty may be imposed even when it is not prescribed by law, or when law prescribes that a perpetrator shall be punished by either a prison sentence or a fine, and the court imposes a prison sentence as the principal penalty.
(4) Where the court imposes a fine as the principal penalty and additionally imposes a fine as an accessory penalty, a single fine shall be imposed under the rules laid down in Article 48 of this Code.
(5) The judgment shall specify the fine payment time-limit, which may not be shorter than fifteen days or longer than three months. Where so justified, the court may allow the sentenced person to pay the fine in instalments, provided that the payment time-limit is not longer than one year.
(6) Where a sentenced person does not pay a fine within the stipulated time-limit, the court shall replace the fine by a prison sentence by substituting each twenty-five euro amount of fine by one day in prison, provided that the prison sentence may not be longer than six months, and where a fine exceeding nine thousand euro is imposed, the prison sentence may not be longer than one year.
(7) Upon prior consent of the sentenced person, an outstanding fine not exceeding two thousand euro may be substituted by a community service instead of by a prison sentence, by substituting each twenty-five euro amount of his fine by eight hours of community service, provided that the community service may not be longer than three hundred and sixty hours.
(8) Where the sentenced person pays only part of the fine, the court shall substitute the remainder by a prison sentence in a proportionate manner, and where the sentenced person pays the remainder of the fine, his service of the prison sentence shall be discontinued.
(9) Fines shall not be enforced after the death of the sentenced person.
Article 113
(1) Money, valuables and any other material benefit that have been acquired through a criminal offence shall be confiscated from the perpetrator, and where such confiscation is not possible, the perpetrator shall be obliged to pay the amount in money equivalent to the material benefit obtained.
(2) The material benefit subject to reasonable suspicion to be derived from criminal activity may also be confiscated from the perpetrator unless the perpetrator makes its legitimate origin plausible (extended confiscation).
(3) - repealed -
(4) - repealed -
(5) Proceeds of crime shall also be confiscated from a person to whom they have been transferred for no consideration or from a person who knew, could have known, or was obliged to know that the material benefit was acquired through a criminal offence.
(6) Where material benefit was acquired through a criminal offence for another person, such benefit shall be confiscated.
(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.