CRIMINAL PROCEDURE CODE
PART II
ON ORDINARY PROCEDURES
TITLE IV
ON EXECUTION
CHAPTER II
ON THE EXECUTION OF A PRISON SENTENCE
Article 328
Beginning and end of imprisonment
1. A convicted person punished with imprisonment begins serving the sentence upon his or her admission to the prison establishment and such a sentence ends with his or her release on the morning of the last day of the sentence.
2. In order to start or finish serving his or her sentence, a convicted person is admitted to or discharged from a prison establishment by means of a writ issued by the trial judge.
BOOK I
GENERAL PART
TITLE IV
LEGAL CONSEQUENCES OF CRIME
CHAPTER I
GENERAL PROVISIONS
Article 64. Execution of penalties or imprisonment measures
1. A perpetrator convicted and sentenced to effective imprisonment or subject to an internment measure may be granted parole or probation.
2. Except where otherwise provided, once the convict has served five-sixths of the imposed sentence, the same must be released on parole.
3. Except as described in the previous subarticle, parole cannot be granted without consent of the convict.
4. Specific legislation shall establish the pre-requisites and conditions for granting parole, as well as the rights and duties of inmates and pre-requisites and conditions under which an effective prison sentence may be served at large.
(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.