Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 5 Enforcement of Imprisonment
Enforcement Authority of Imprisonment
Article 321:
Absolute decisions of the courts regarding sentencing of a person to imprisonment shall be enforced in the prisons under the supervision of the prosecutor’s office.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 5 Enforcement of Imprisonment
Calculating From the Enforcement Date
Article 322:
The day on which enforcement begins, shall be calculated as the imprisonment of the convicted person and the convict shall be released 1 day after the punishment is completed.
If the release day falls on a holiday; the convict shall be released on the last working day before the holiday.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 5 Enforcement of Imprisonment
Calculating Custody and Detention Periods of Imprisonment
Article 323:
(1) Custody and detention time including the day of arrest shall be counted against the imprisonment period of the convicted person.
(2) If a person is acquitted during the investigation due to lack of evidence by the ruling of prosecution office, court decision, or a verdict has been issued finding that the initiation of a claim is not necessary, he will be compensated by the Government for each day he has spent in the detention proportionate to the daily income and a fixed amount for an unemployed person. The amount will be determined by a competent court.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 5 Enforcement of Imprisonment
Calculation of Imprisonment Sentence Due to Multiple Crimes
Article 324:
If a person is sentenced to imprisonment for multiple crimes based on separate provisions of law, the imprisonment time is counted from the lesser punishment.
(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.