Part I. General Provisions
Chapter 2. Penalties and other sanctions
Section 17. Imprisonment may be imposed :
(a) for a term of from 14 days to 15 years, or in the cases dealt with in sections 60 a, 61 and 62 for a term not exceeding 20 years ;
(b) in cases in which it is specially provided, for a term not exceeding 21 years.
Any provision for imprisonment in this code means imprisonment for a limited period unless it is otherwise expressly stated.
A person sentenced to imprisonment may be released on probation in accordance with the provisions of a special Act (section 26).
Sections 18-19. (Repealed by Act of 12 December 1958 No. 1.)
Section 20. (Repealed by Act of 12 June 1981 No. 62.)
Should a person who is serving detention be sentenced to imprisonment, the execution of the latter sentence would normally commence immediately and the other sentence would be temporarily suspended.
Detention may be imposed for a term of from 14 days to 20 years.
Two days' detention shall be considered the equivalent of one day's imprisonment.
On the application of the convicted person or with his consent, detention may be converted to imprisonment.
When imprisonment is specified as the only form of custodial penalty, an equivalent sentence of detention may be imposed, provided that special circumstances make it probable that the act did not originate from a depraved mind.
A custodial sentence not exceeding four months shall be determined in days; a custodial sentence exceeding four months shall be determined in months and years.
Further provisions for the execution of sentences of imprisonment, community sentences, special criminal sanctions and preventive detention shall be made in a separate Act.
Section 26 a.
In addition to a custodial sentence the court may impose a fine. This applies even though fines are not prescribed as a penalty for the offence. In assessing a custodial sentence the fact that a fine is also imposed shall be taken into account.
The power to combine a custodial sentence with a fine derived from this section is of no significance in relation to statutory provisions that give legal effect to the penalty limits.
When a fine is imposed, due consideration should be given not only to the nature of the offence but also especially to the financial position of the convicted person and to what he can presumably afford to pay in his circumstances.
The fine shall accrue to the State treasury.
When a fine is imposed, a sentence of imprisonment of from one day to three months, or in the cases mentioned in section 63 up to four and a half months, shall be stipulated, which shall be executed if the fine is not paid.
When a fine is imposed pursuant to section 48 a, no sentence of imprisonment pursuant to the first paragraph shall be stipulated.
(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;
(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.