Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 3 Enforceable Decisions
Enforcement of Punishments
Article 302:
(1) Anticipated punishments in the law shall not be enforced on anyone, unless a decision has been issued by a competent court.
(2) Enforcement of all types of punishments and security measures against a convicted person shall be executed in a humane manner and with respect to human dignity. Torture, inhumane or humiliating the convicted is not permitted.
(3) Civil rights and freedoms of the convicted person shall not be taken or restricted, unless a custodial order by competent court is issued.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 3 Enforceable Decision
Enforcing Decisions Issued by the Courts
Article 303:
(1) Prosecutors and police are obligated to enforce the courts’ criminal decisions in accordance with the provisions of this law.
(2) Police are obligated to implement the prosecutor’s issued rulings and orders related to courts decisions.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 3 Enforceable Decision
Immediate Enforcement of a Decision
Article 305:
(1) A Court’s decision for payment of a cash fine and compensation or imprisonment of more than 5 years, for a repetitive offender or a convicted person who does not have a specific residential address in Afghanistan, shall be enforced immediately - even if they have appealed to a higher court.
(2) A court’s decision regarding imprisonment for other matters is also immediately enforceable unless the accused person is released on bail or a reliable guarantee is given based on which the accused person appears and does not violate the issued decision. Reliable guarantee is that the guarantor commits if he/she could not bring the guaranteed person before court then he/she will pay the amount committed.
(3) If the accused is under detention, the court can issue a ruling for extension of the detention or release of the accused before the decision of the court based on provisions of this law.
Section 4 Cancellation of Proceedings and Enforcement of Decisions
Chapter 3 Enforceable Decision
Enforcement of a Complementary Punishment
Article 307:
If in accordance with the provisions set forth in this law a sentence of imprisonment is enforced, complementary punishments and security measures included in the court’s decision along with the imprisonment shall also be enforced.
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.
(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.