Enforcement of sentences of imprisonment

Bosnia and Herzegovina

Bosnia and Herzegovina- Criminal Code 2003 (2010) EN

GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Imprisonment
Article 42

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.
(2) 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.
(3) Imprisonment referred to in this Article cannot be imposed on juveniles. The punishment of juvenile imprisonment may be imposed on juveniles under the conditions prescribed by Chapter X of this Code (Rules on Educational Recommendations, Educational Measures and Punishment of Juveniles). Juvenile imprisonment, by its purpose, nature, duration and manner of execution, represents a special punishment of deprivation of liberty.

Substitution of Imprisonment
Article 42a.

(1) A sentence not exceeding one year of imprisonment, upon request of the convicted person, may be substituted by a fine to be paid as a one-off payment within 30 days.
(2) Imprisonment shall be replaced by a fine by having one day in prison equal to a daily amount of the fine or to 100 KM, if the fine is set in a specific amount.
(3) If a fine has not been paid within the deadline referred to in paragraph (1) of this Article, the court shall order that the imprisonment sentence be enforced. If a fine is paid only in part, the imprisonment shall be enforced in proportion to the amount unpaid.

Long-term Imprisonment
Article 42b.

(1) For the gravest forms of serious criminal offences perpetrated with intent, long-term imprisonment for a term of twenty-one to forty-five years may be prescribed.
(2) Long-term imprisonment shall never be prescribed as the sole principal punishment for a particular criminal offence.
(3) Long-term imprisonment shall not be imposed on a perpetrator who has not reached twenty-one years of age at the time of perpetrating the criminal offence.
(4) Long-term imprisonment shall be imposed in full years only.
(5) If long-term imprisonment has been imposed, amnesty or pardon may be granted only after three-fifths of the punishment have been served.

GENERAL PART

XI C H A P T E R E L E V E N
GENERAL PROVISIONS ON EXECUTION OF CRIMINAL SANCTIONS

Execution of Sentence of Imprisonment or Long-term imprisonment
Article 106

(1) The sentence of imprisonment or juvenile imprisonment shall be carried out in closed, semi-open or open institutions for the execution of punishments.
(2) The sentence of long-term imprisonment shall be carried out in the closed-type institution for execution of punishments.

GENERAL PART

XI C H A P T E R E L E V E N
GENERAL PROVISIONS ON EXECUTION OF CRIMINAL SANCTIONS

Labour by Convicted Persons
Article 108

(1) A person sentenced to imprisonment, long-term imprisonment or juvenile imprisonment, if able to work, may work if he consents to it.
(2) If a convicted person requests or consents to work, carrying out of such work shall be enabled.
(3) The work of convicted persons should be useful and should correspond as much as possible to the contemporary way of performing the same kind of work at liberty, and to the professional and other abilities of the convicted persons.

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 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.