SPECIAL PART
SECTION ELEVEN
SPECIAL PROCEEDINGS
CHAPTER LVIII
PROCEEDINGS CONCERNING THE ENFORCEMENT OF JUDGMENTS AND OTHER FINAL COURT
DECISIONS
Article 519. Settlement of other issues relating to enforcement of the judgment or other final court decision on the basis of submissions by the establishment or authority enforcing the sentence
519.0. On the basis of submissions by the establishment or authority enforcing the sentence, the court in the locality where the sentenced person lives shall examine the following issues connected with enforcement of the judgment or other final court decision :
519.0.1. the detention of a sentenced person who has evaded enforcement of the judgment or other final court decision, for his forcible transfer to the place where the sentence is to be served or for the commutation of the sentence to another type of sentence and the settlement of related matters ;
519.0.2. the extension of the probation period in the event of a suspended sentence, a change in the duties of a person given a suspended sentence or the detention of a sentenced person for the annulment of a suspended sentence or of conditional release before completion of the sentence, or for the transfer of a sentenced person to serve the sentence and the settlement of related matters ;
519.0.3. the release of a sentenced person in respect of whom sentence enforcement has been postponed ;
519.0.4. the annulment of postponement of sentence enforcement and the transfer of the sentenced person to serve a sentence involving deprivation of liberty ;
519.0.5. the annulment of compulsory medical measures.
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 State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
(b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.