Principal penalties are:
3) Imprisonment
Article 21
Imprisonment
“ Imprisonment” means confining the convict in a prison and assigning him to labor as prescribed by the rules of the prison. Imprisonment shall not be less than three years and more than 15 years, except as otherwise prescribed.
Article 29.
Imprisonment instead of imprisonment for life
Detention for no less than six months instead of Imprisonment
Article 53
Felonies
Felonies are crimes punishable by:
-Imprisoment
- Detention for more than one month
Article 55
Infraction
Infractions are crimes punishable by:
- Detention not exceeding one month
Article 60
Article 168
Any person who recruits, without the government’ s permission, soldiers against a foreign state or engages in other acts of aggression that may expose the Libyan Arab Jamahiriya to the danger of war shall be punishable by imprisonment.
Article 211
Any person who causes the agreement, founds, organizes or leads the organization or gang and any person who organizes, is party to the agreement or a member of the organization or gang shall be subject to the same punishment.
Article 317
Instigation to Commit a Crime
The penalty shall be imprisonment should he instigate the commission of a misdemeanor or more with an infraction or more.
Article 429
The penalty shall be increased by one third should the violence or threat be carried out by means of a weapon, by a group of people or a person in disguise.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
(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 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.