GENERAL PART
3. PUNISHMENTS
3.1. The aim of punishment, the types of punishments and conditions for pronouncing them
Imprisonment
Article 35
(1) Imprisonment may not be shorter than thirty days, or longer than 15 years. For the crimes for which the law prescribes a life imprisonment sentence, a sentence of imprisonment of up to 20 years may be applied.
(2) If a punishment of 15 years of imprisonment is prescribed for a premeditated crime, a punishment of life imprisonment may be prescribed for severe forms of this crime.
(3) The punishment of life imprisonment may not be prescribed as the only main punishment.
(4) The punishment of life imprisonment may not be pronounced for an offender who at the time the crime was committed has not attained the age of 21 years.
(5) Imprisonment is pronounced with full years and months, and up to six months, also with full days.
(6) When a punishment of imprisonment is prescribed for crimes without appointing a minimal measure, and when the maximum measure is not longer than three years, it is compulsory to also pronounce a fine besides the punishment of imprisonment.
(7) The imprisonment shall take place within facilities for imprisonment sentences, specified by law.
''Course and cessation of the obsolescence of the criminal prosecution
Article 108''
(1) The obsolescence of the criminal prosecution starts on the day the crime
was committed or
the consequence occurred. If the act has been committed against a child, the
obsolesce of the criminal
(2) prosecution shall commence on the day the child becomes of legal age.(2)
The obsolescence does not run at the time when, according to the law, the
prosecution may not begin or continue.
(3) The obsolescence is interrupted by each process action that is undertaken
in order to prosecute the perpetrator because of the committed crime.
(4) The obsolescence is interrupted also when the perpetrator, at the time
while this time period of obsolescence is still going on, commits an equally
severe or more severe crime.
(5) For each interruption, the obsolescence starts to run again from the
beginning.
(6) The obsolescence of the criminal prosecution comes into effect in any case
when a time period elapses which is twice as long as required by law for the
obsolescence of the criminal prosecution.
Obsolescence of the execution of punishment
Article 109
If with this Code it is not determined otherwise, the pronounced punishment may
not be executed when the following time period has elapsed:
(1) thirty years from a sentence to life imprisonment;
(2) twenty years from a sentence to imprisonment of more than ten years;
(3) ten years from a sentence to imprisonment of more than five years;
(4) five years from a sentence to imprisonment of more than three years;
(5) three years from a sentence to imprisonment of more than one year; and
(6) two years from a sentence of imprisonment of up to one year, or to a fine.
(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.
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.