GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 47. Fine
46.1. Imposing by the court of a penalty in terms of money in the instances and within the limits set in this Code shall be called a fine.
47.2. The court shall determine the amount of a fine by taking into consideration the degree of social danger of the committed crime, the property status, size of wages or income of the defendant within the range of 5 to 500 amounts of the minimum salary amount.
47.3. In case of persistent evasion of payment of a fine the court may substitute a fine by incarceration or imprisonment for a term of up to 3 years.
47.4. Substituting imprisonment, forced labor or incarceration by a fine shall be prohibited.
GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 49. Confiscation of Property
49.1. Confiscation of property represents a forced free-of-charge withdrawal of the culprit's share property for the benefit of the state in the instances specified in the Special Part of this Code.
49.2. Seizure of items created by way of crime, arms and means used for committing it, or income gained by way of crime and other things incidental thereto shall be mandatory in addition to the confiscation of property.
49.3. When imposing confiscation of property the court shall specify in the judgment what items and property are being confiscated.
GENERAL PART
TITLE THREE
CRIMINAL LIABILITY
CHAPTER NINE
PURPOSE AND TYPES OF PUNISHMENT
Article 52. Imprisonment
52.1. Imprisonment represents restriction of freedom of a culprit for the terms specified in this Code with separation from society by confinement in the correctional facilities or a prison.
52.1. The basic term of imprisonment shall be 1 to 15 years. In the instances specified in Special Part of this Code can be imposed for a term of up to 25 years.
52.3. Imprisonment for a term of over 15 years may not be imposed on the persons who were under 16 years of age at the time of committing crime, women of over 55 years of age and men of over 60 years of age.
52.4. Imprisonment shall be served in the correctional facilities of general, strict and special regiment or prison.
52.5. Male convicts who committed less serious crimes and female convicts other than those sentenced for crimes other grave crimes shall serve imprisonment in the correctional facilities of general regiment.
52.6. Male convicts who committed serious crimes or previously served imprisonment, and female convicts who committed grave crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of strict regiment.
52.7. Male convicts who committed serious crimes or have been recognized recidivists shall serve imprisonment in the correctional facilities of special regiment.
52.8. Male minor convicts who committed less serious or serious crimes ; female minor convicts who were sentenced to imprisonment shall serve imprisonment in the correctional facilities of general regiment for minors.
52.9. Male minor convicts who previously served imprisonment, as well as those who committed grave crimes shall serve imprisonment in the correctional facilities of strict regiment for minors.
52.10. The court may mitigate or reinforce the regiment in which imprisonment is to be
served taking into consideration the nature and degree of social danger of the crime, character of the convict and other circumstances of the case. Reasons for such decision shall be specified in the judgment.
52.11. The court may decide imprisonment imposed on the convicts who are recognized recidivist or sentenced to imprisonment for more than 15 years after attaining the age of 18 for a grave crime to be served fully or partially in prison.
(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.