Chapter IV. Penalties
Article 33. § 1. A fine shall be imposed in terms of daily rates defining the number of daily rates
to be levied and the amount of each rate; unless otherwise provided by law, the lowest number of daily
rates shall be 10, and the highest shall be 360.
§ 2. The court may also impose a fine also in addition to the penalty of deprivation of liberty as
specified in Article 32 subsection 3, if the perpetrator has committed the act in order to gain material
benefit or when he has gained such benefit.
§ 3. In setting the daily rate, the court shall consider the income of the perpetrator, his personal
situation, family situation, property relationships and his earning capacity ; the daily rate may not be lower than 10 Polish zlotys or higher than 2000 Polish zlotys.
Chapter IV. Penalties
Article 37. The penalty of deprivation of liberty listed in Article 32 subsection 3 shall be for no less
than one month and not more than 15 years; it shall be imposed in years and months.
Chapter V. Penal measures
Article 44. § 1. The court shall impose the forfeiture of items directly derived from an offence,
unless they are subject to return to the injured person or to another entity.
§ 2. The court may decide on the forfeiture of the items which served or were designed for
committing the offence unless they are subject to the return to another entity.
§ 3. The forfeiture described in § 2 shall not be applied if its imposition would not be
commensurate with the severity of the offence committed, the court may impose a supplementary
payment to the State Treasury.
§ 4. In the event that the perpetrator has intentionally prevented the possibility of imposing the
forfeiture of items specified in §§ 1 or 2, the court may impose the obligation to pay a pecuniary equivalent of their value.
§ 5. In the event that the conviction has pertained to an offence of violating a prohibition of
production, possession or dealing in or transporting specific items, the court may decide on the forfeiture thereof.
§ 6. If the items referred to in §§ 2 or 5 are not the property of the perpetrator, the forfeiture may
be decided by the court only in the cases provided for in law; in the case of co-ownership, the decision
shall cover only the forfeiture of the share owned by the perpetrator, or the obligation to pay a pecuniary equivalent of its value.
§ 7. Property which is the subject of forfeiture shall be transferred to the ownership of the State
Treasury at the time the sentence becomes final and valid.
Article 45. In the case of sentencing the perpetrator referred to in Article 65, the court may decide
on forfeiture of the material benefits gained, even indirectly, from the offence.
Chapter VI. Principles of the imposition of penalty and penal means
§ 2. No fine shall be imposed when the income of the perpetrator, his situation or potential to
earn provide reasonable grounds for the supposition that the perpetrator would not honour the fine and that enforcing the same by execution would not be possible.
(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.
(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.