Enforcement of sentences of imprisonment

Afghanistan

Afghanistan - Criminal Code 1976 EN

First Book
General Provisions

Section Three

CHAPTER SEVEN
Plurality of Crime and Its Effect on Punishment

Article 159 :

When a person is convicted for committing a crime and later is sentenced to punishments for committing another crime, both punishments shall be implemented one after the other, even if the total period of imprisonment exceeds twenty years.

Afghanistan - Interim Criminal Procedure Code for Courts 2004

Chapter 12
Execution of Courts’ Final Decisions

Article 85
Execution of Prison Punishments

The Saranwal shall transmit to the Commander of the local police office the order to commit the sentenced person to prison when the latter is not already detained.

When the sentenced person is outside the jurisdiction of the local police office the police commander who has received the order shall forward it to the Commander of the police having jurisdiction on that place.

The same Saranwal can send the order directly to the said Commander.

If the sentenced person is already detained the Saranwal shall inform the Ministry of Justice about the sentence requesting its execution.

The above mentioned order and information shall contain personal particulars and whatever is needed to identify the person as well as the indications of the judicial decision and of the penalty imposed.

Article 86
Execution of Sanctions Alternative to Imprisonment

The Saranwal shall transmit to the Commander of the local police office the order for the execution of sanctions alternative to imprisonment.

The provisions of paragraphs 2, 3, and 4 of article 85 are applicable.

The police shall supervise the regularity of the execution and report to the Saranwal periodically about the behavior of the sentenced person.

If the sentenced person infringes the prescriptions contained in the execution order the Saranwal shall report the case to the competent Court which can replace the adopted sanction with a prison term of original duration.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

Article 105 Enforcement of the sentence

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.