Title Three
Penalties
Chapter Three
DURATION AND Effect of Penalties
SECTION ONE
Duration of Penalties
ARTICLE 29. One-half of the Period of the preventive imprisonment deducted from term of imprisonment.
— Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases :
1. When they are recidivists, or have been convicted previously twice or more times of any crime ;
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily ;
3. When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.
Title Three
Penalties
Chapter Three
DURATION AND Effect of Penalties
SECTION THREE
Penalties in which other accessory penalties are inherent
ARTICLE 41. Reclusión perpetua and Reclusión Temporal — Their accessory penalties.
— The penalties of reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Title Three
Penalties
CHAPTER FIVE
Execution and Service of Penalties
SECTION ONE
General Provisions
ARTICLE 78. When and how a penalty is to be executed.
— No penalty shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts.
Title Three
Penalties
CHAPTER FIVE
Execution and Service of Penalties
SECTION TWO
Execution of principal penalties
ARTICLE 86. Reclusión Perpetua, Reclusión Temporal, Prisión Mayor, Prisión correccional and arresto mayor.
— The penalties of reclusión perpetua, reclusión temporal, prisión mayor, prisión correccional, and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.
(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.