Enforcement of sentences imposed

Bosnia and Herzegovina

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN

PART SIX – ENFORCEMENT OF SENTENCES AND OTHER DECISIONS OF THE INTERNATIONAL CRIMINAL COURT
Article 35
(Enforcement of the Sentence and other Decisions of the International Criminal Court)
(1) Bosnia and Herzegovina shall execute the sentence and other decisions of the International Criminal Court by applying the Rome Statute and other regulations of the International Criminal Court, including relevant provisions of domestic legislation.
(2) Bosnia and Herzegovina shall inform the International Criminal Court without delay of actual or legal grounds rendering impossible or restricting the execution of verdicts or some other decisions and consult with the Court on the manner for further actions.

Bosnia and Herzegovina- Criminal Code 2003 (2018) EN

Chapter 7 Punishment

Article 42

Imprisonment

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.

(2) For the gravest forms of serious criminal offences perpetrated with intent, imprisonment for a term of twenty to forty-five years may be exceptionally prescribed (long-term imprisonment).

(3) Long-term imprisonment may never be prescribed as the sole principal punishment for a particular criminal offence.

(4) Long-term imprisonment cannot be imposed on a perpetrator who has not reached twenty- one years of age at the time of perpetrating the criminal offence.

(5) Juvenile imprisonment may be imposed under the conditions prescribed by Chapter X (Rules Relating to Correctional Recommendations, Correctional Measures and Punishing Juveniles) of this Code. Juvenile imprisonment is in its purpose, nature, duration and manner of execution a special punishment of deprivation of liberty.

(6) Imprisonment shall be imposed in full years and months; however, the punishment of imprisonment for a term not exceeding six months may also be measured in full days. Long-term imprisonment shall be imposed only in full years.

Chapter 7 Punishment

Article 42a

Substitution of Imprisonment

(1) On request of the convicted person, imprisonment sentence up to one year can shall be substituted by a fine paid in a single installment within 30 days.

(2) Imprisonment shall be substituted with a fine in a way that every day of imprisonment equals one daily amount of fine or with KM 100 if the fine is to be determined in a certain amount.

(3) If the fine is not paid within the deadline from paragraph (1) of this Article, the Court shall make a decision on execution of imprisonment. If the fine is paid only partially, then the imprisonment will be proportional to the amount that was not paid.

(4) Provisions of paragraphs (1), (2) and (3) of this Article shall not apply to perpetrators of criminal offences provided for in the CHAPTER XVI (Criminal offences against integrity of Bosnia and Herzegovina), Article 201 (Terrorism), Article 202 (Funding of Terrorist Activities), Article 202a (Public Enticement to Terrorist Activities), Article 202b (Recruitment for the Purposes of Terrorist Activities), Article 202c (Training for Terrorist Activities) and Article 202d (Organizing a Terrorist Group) of this Law.

Chapter 7 Punishment

Article 46

Fines

(1) Fines are imposed in daily amounts and if that is not possible, then in a fixed amount.

(2) If a fine is imposed in daily amounts, it may be a minimum of five and maximum of three hundred sixty daily amounts, whereas for offences motivated by greed, a maximum imposable fine is one thousand five hundred daily amounts, except in the cases foreseen by this Code.

(3) If a fine is imposed in a fixed amount, a minimum amount may not be less than 150 KM and a maximum one may not exceed 50.000 KM whereas for offences motivated by greed, a maximum fixed amount imposable may not exceed 1.000.000 KM, except in the cases foreseen by this Code.

(4) In imposing a fine for offences motivated by greed, the court may determine a fine exceeding the maximum prescribed amount in paragraphs 2 and 3 of this Article if the value of the illegal gain resulted from the perpetration of the offence exceeds the amount of 1.000.000 KM. In such case the offender may be imposed a fine in an amount that may not exceed the double amount of the value of the illegal gain resulted from the perpetration of the offence for which he or she is being punished by a fine.

(5) A number of daily amounts is determined by the court according to the general rules on meting out penalties. A daily amount is determined by the court according to the amount of the offender’s daily income calculated on the basis of his net salary during three months and his other income and family responsibilities. In determining the amount, the court relies on the data not older than six months at the moment when the fine is imposed.

(6) If data referred to in the preceding paragraph are unavailable to the court, they will be provided by the accused within the deadline as set by the court but not later than by the closing of the main trial. If the circumstances relevant for the determination of a daily amount of fine are not made available to the court by the end of the main trial or those relevant circumstances are unreliable, a fine is imposed in a fixed amount whereby the general rules for meting out penalties are respected.

(7) A minimum daily amount of fine is 1/60 and a maximum amount is 1/3 of the most recent officially published employee’s average net salary in Bosnia and Herzegovina, as published by the Agency of Statistics of Bosnia and Herzegovina.

(8) The court determines in the judgement a deadline for payment of the fine. Such deadline may not be shorter than fifteen days or longer than six months, but the court may allow in justified cases that the convicted pays the fine in instalments, whereby the deadline for payment may not exceed two years.

(9) Fines imposed and collected under this Code shall belong to the Budget of Bosnia and Herzegovina.

Chapter 9 Security Measures

Article 74

Forfeiture

(1) Items which were in any way, in whole or partially, used or were intended to be used for the commission of a crime or have resulted from the commission of a crime shall be forfeited if they are owned by the perpetrator.

(2) Items referred to in paragraph (1) of this Article shall be forfeited even if not owned by the perpetrator, however such forfeiture shall not affect the third party’s right to compensation of damage from the perpetrator.

Chapter 12

Confiscation of Property Gain Acquired Through Perpetration of a Criminal Offence and Legal Consequences Incident to Conviction

Article 110a

In cases of criminal proceedings for the criminal offences referred to in Chapters XVII, XVIII, XIX, XXI, XXI A and XXII of this Code, the Court can also decide, on basis of Article 110, paragraph (2), to order confiscation of property gain, income, profit or other form of benefit from the property gain for which the prosecutor provides sufficient evidence that there is reasonable suspicion that it was acquired through execution of these criminal offences, and the accused person did not provide evidence to prove that the property gain, income, profit or other form of benefit from the property gain was acquired legally

When legal conditions for confiscation of property gain, income, profit or other form of benefit from the property gain acquired through commission of a crime in criminal proceedings are not fulfilled, a request for confiscation may be filed in civil proceedings.

Chapter 12

Confiscation of Property Gain Acquired Through Perpetration of a Criminal Offence and Legal Consequences Incident to Conviction

Article 111

(1) All the money, valuable objects and every other property gain acquired by the perpetration of a criminal offence shall be confiscated from the perpetrator, and in case the confiscation is not feasible - the perpetrator shall be obliged to pay an amount of money which corresponds to the acquired property gain. Property gain acquired by perpetration of a criminal offence shall be confiscated from persons to whom it has been transferred without compensation or with a compensation which does not correspond to the real value, if the persons knew or should have known that the property gain had been acquired by the perpetration of a criminal offence.

(2) If proceeds of a criminal offence have been intermingled with property acquired from legitimate sources, such property may be liable to confiscation not exceeding the assessed value of the intermingled proceeds.

(3) Income or other benefits derived from the proceeds of a criminal offence, from property into which proceeds of criminal offence have been converted, or from property with which proceeds of criminal offence have been intermingled may also be liable to the measures referred to in this Article, in the same manner and extent as the proceeds of the criminal offence.

Chapter 14 Liability of Legal Persons for Criminal Offences

Article 132

Fines for Legal Persons

(1) Fines imposable on a legal person shall be no less than 5.000 KM and shall not exceed 5.000.000 KM.

(2) In the event that, by perpetrating the criminal offence, the legal person has caused property damage to another party or the legal person has come into possession of an unlawful property gain, the scope of the imposed fine may be twice as much as the amount of this damage or benefit.

(3) If a fine is not paid within the deadline set forth in the verdict, the procedure for forcible collection shall be implemented immediately.

Chapter 14 Liability of Legal Persons for Criminal Offences

Article 144

Punishments for Criminal Offences

(1) For criminal offences for which a fine or imprisonment for a term not exceeding three years is prescribed, a legal person shall be punished by a fine of not exceeding 850.000 KM or not exceeding ten times the amount of the damage caused or property gain acquired through the perpetration of a criminal offence.

(2) For criminal offences for which imprisonment for a term not less than three years is prescribed, a legal person shall be punished by a fine of not exceeding 2.500.000 KM or not exceeding twenty times the amount of the damage caused or property gain acquired through the perpetration of a criminal offence.

(3) For criminal offences for which imprisonment for a term of five years or more is prescribed, to a legal person a property confiscation punishment may be imposed instead of a fine.

(4) For criminal offences referred to in paragraph 1 of this Article, to a legal person a punishment of dissolution of the legal person may be imposed instead of the fine, under the requirements referred to in Article 134 (Dissolution of a Legal Person) of this Code.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

Article 104 Change in designation of State of enforcement

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.

Article 105 Enforcement of the sentence

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.

Article 106 Supervision of enforcement of sentences and conditions of imprisonment

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.

Article 109 Enforcement of fines and forfeiture measures

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.