Part 1 Basic Provisions

Chapter 10 Measures to Guarantee the Presence of a Suspect or Accused and Successful Conduct of Criminal Proceedings

Section 6 Pre-Trial Custody

Article 138

When the Court pronounces a sentence of imprisonment against an accused, the Court shall order
custody against the accused or the custody shall be extended if there exist the grounds referred to in
Article 132, Paragraph 1, Items a), c) and d) of this Code. The custody shall be terminated if the grounds
for which the custody was pronounced do not exist any more. In this case, a special decision shall be issued, and appeal against such decision shall not stay its execution. When the Court pronounces a sentence of imprisonment against an accused, the Court may order custody to the accused or the custody shall be extended if that is necessary in order to ensure an unhindered conduct of the criminal
proceedings, while taking into account all the circumstances related to the commission of the criminal
offence and the personality of the perpetrator. If the sentence pronounced is imprisonment of five years or longer, the Court shall order or extend custody immediately. In such case, a special decision shall be
issued, and an appeal from such decision shall not stay its execution.

When the Court pronounces a sentence of imprisonment against a defendant, the Court may order i.e. extend custody against the defendant, taking into consideration all circumstances pertaining to perpetration of the criminal offense, i.e. personality of the perpetrator. In such cases a special ruling shall be made, and the appeal against the ruling shall not stay its execution.

Custody shall be terminated and release of the accused ordered if he has been acquitted or if the charges against him have been rejected for the reasons other than lack of jurisdiction of the Court or he has been found guilty but released from penalty or he has only been fined or conditionally sentenced or, due to crediting the custody time, he has already served the sentence.

Custody ordered or extended pursuant to provisions of Paragraph 1 of this Article may last until committal to an institution for serving the sentence but no later than the expiration of the period of sentence pronounced in a legally binding verdict After pronouncing the first instance verdict, the custody may last no longer than additional nine months. If during that period no second instance verdict to alter or sustain the first instance verdict is pronounced, the custody shall be terminated and the accused shall be released. If within the nine months the second instance verdict is pronounced reversing the first instance verdict, the custody shall last for no longer than another year after pronouncement of
the second instance verdict. After pronouncing the first instance verdict, the custody may last no longer than additional nine months.

Exceptionally, in complex cases and for the important reasons, the Appellate Panel may extend the custody additionally for additionala six months maximum. If during that period no second instance verdict to alter or sustain the first instance verdict is pronounced, the custody shall be terminated and the accused shall be released. If within the prescribed deadlines the second instance verdict is pronounced reversing the first instance verdict, the custody shall last for no longer than another year after pronouncement of the second instance verdict.

At the request of the accused, who is in custody after a sentence of imprisonment has been pronounced on him, a judge or the presiding judge may commit the accused by a decision to an institution for serving the sentence even before the verdict becomes legally binding.

Custody shall always be terminated upon the expiration of the pronounced sentence.

The accused placed in custody against whom a sentence of imprisonment has become legally binding, shall remain in custody until he/she is sent to prison but not after the expiration of the prison term he has received.

Chapter 7 Punishment

Article 48

General Principle of Meting out Punishments

(1) The court shall impose the punishment within the limits provided by law for that particular offence, having in mind the purpose of punishment and taking into account all the circumstances bearing on the magnitude of punishment (extenuating and aggravating circumstances), and, in particular: the degree of criminal liability, the motives for perpetrating the offence, the degree of danger or injury to the protected object, the circumstances in which the offence was perpetrated, the past conduct of the perpetrator, his personal situation and his conduct after the perpetration of the criminal offence, as well as other circumstances related to the personality of the perpetrator.

(2) In ruling on the punishment for the criminal offence in recidivism, the court shall take into special consideration whether the most recent offence is of the same type as the previous one, whether both acts were perpetrated from the same motive, and it will also consider the period of time which has elapsed since the pronunciation of the previous conviction, or since the punishment has been served or pardoned.

(3) In fixing a fine, the court shall take into consideration the situation of the perpetrator in terms of property, taking into account the amount of his salary, his other income, his assets and his family obligations.

Chapter 7 Punishments

Article 53

Concurrence of Criminal Offences

(1) If the perpetrator, by a single action or by several actions, has perpetrated several criminal offences, for which he is tried at the same time, the court shall first assess the punishment for each of the offences separately, and then proceed with imposing a compound punishment of imprisonment, long-term imprisonment, or a compound fine for all the offences taken together. If the perpetrator, by a single action or by several actions, has perpetrated several criminal offences, for which he is tried at the same time, the court shall first assess the punishment foreach of the offences separately and then proceed with imposing a compound punishment of long-term imprisonment, a compound punishment of imprisonment or a compound fine for all the offences taken together.

(2) The court shall adhere to the following rules in imposing compound punishment:

(a) If the court has ruled punishment of long-term imprisonment for one of several criminal offences perpetrated, this will be the only punishment imposed

(b) If the court has meted out a punishment of long-term imprisonment, or long-term imprisonment and imprisonment, for criminal offences in concurrence, the compound sentence of long-term imprisonment shall be higher than each individual punishment, but shall not exceed 45 years;

(c) If the court has determined punishment of imprisonment for the concurrent criminal offences, the compound punishment must be higher than each of the individual punishments, but the compound punishment may not be as high as the sum of all incurred punishments, nor may it exceed a period of twenty years;

(d) If for two or several concurrent criminal offences the court meted out punishments of imprisonment exceeding ten years, the court may pronounce a compound punishment of long-term imprisonment which shall not reach the sum of all individual punishments of imprisonment.;

e) If for each of the offences perpetrated in concurrence a punishment of imprisonment not exceeding three years is prescribed, the compound punishment may not exceed eight years;

f) If fines only have been meted out by court for the criminal offences in concurrence, the compound punishment must be bigger than any individual determined fine, but it may not exceed the sum of all fines meted out.

(3) If the court has meted out punishments of imprisonment for some of the concurrent criminal offences, and fines for others, it shall impose one punishment of imprisonment and one fine, in accordance with the provisions set forth in items b) through d) of paragraph 2 of this Article.

(4) The court shall impose an accessory punishment if it is determined for any one of the concurrent criminal offences, and if it has meted out several fines, it shall impose a single fine in following the provisions set forth in item d), paragraph 2 of this Article.

(5) .If the court has meted out a punishment of imprisonment and juvenile imprisonment for the concurrent criminal offences, it shall impose punishment of imprisonment as the compound sentence, applying the rules set forth in item b) and c) of paragraph 2 of this Article.

Chapter 7 Punishment

Article 55

Meting out Punishment of a Convicted Person

(1) If a convicted person is tried for a criminal offence he had perpetrated before commencing to serve the previous sentence, or for a criminal offence he perpetrated while serving a sentence of imprisonment, long-term imprisonment or juvenile imprisonment, the court shall impose a compound punishment for all the criminal offences applying provisions set forth under Article 53 (Concurrence of Criminal Offences) of this Code, taking the punishment from the earlier sentence as an already fixed punishment. The sentence or part of the sentence, which the convicted person had already served, shall be credited towards the imposed sentence of imprisonment or long-term imprisonment.

(2) For criminal offences perpetrated during the course of serving the punishment of imprisonment, long-term imprisonment, or juvenile imprisonment, the court shall determine the perpetrator's punishment independently of the punishment for the earlier sentence in cases when the application of the provisions set forth under Article 53 of this Code would lead to failure to achieve the purpose of punishment considering the duration of non-served portion of the previous sentence.

(3) If a convicted person, while serving the punishment of imprisonment, long-term imprisonment or juvenile imprisonment, perpetrates a criminal offence punished by law with a fine or punishment of not exceeding one year of imprisonment, he shall be punished with a disciplinary measure.