1 General Part

CHAPTER V- PUNISHMENTS/SENTENCES

Article 29- Principal punishments

The following punishments shall apply to the offenders:

1. Life imprisonment;

2. Imprisonment;

3. Fine.

SPECIAL PART

Chapter I- CRIMES AGAINST HUMANITY


Article 73- Genocide


is sentenced with no less than ten years of imprisonment, or with life imprisonment.

SPECIAL PART

Chapter I- CRIMES AGAINST HUMANITY

Article 74- Crimes against humanity

Murders, massacres, slavery, internal exile and deportation, as well as every act of torture or other inhuman violence committed according to a concrete pre-meditated plan against a group of civil population, for political, ideological, racial, ethnic, and religious reasons, is punished by not less than fifteen years of imprisonment or with life imprisonment.

SPECIAL PART

CHAPTER I-CRIMES AGAINST HUMANITY

Article 75- War Crimes

Acts committed by different people in war time... are sentenced with no less than fifteen years of imprisonment, or life imprisonment.

TITLE V PRECAUTIONARY MEASURES
CHAPTER I PERSONAL PRECAUTIONARY MEASURES
SECTION II COERCIVE MEASURES
Article 232 Types of coercive measures
1. Coercive measures are:
a) prohibition to expatriate;
b) duty to appear at the judicial police;
c) prohibition and duty to reside in a certain placeç) bail;
d) house arrest;
dh) precautionary detention in prison;
e) temporary hospitalisation in a psychiatric hospital.

TITLE V PRECAUTIONARY MEASURES
CHAPTER I PERSONAL PRECAUTIONARY MEASURES
SECTION II COERCIVE MEASURES
Article 236 Bail
1. When the precautionary measure of pre-trial detention or house arrest has been established because of an escape risk, the court may decide its replacement, ordering the release of the person, if a bail has been offered by the person himself or another person to guarantee that he/she will not escape until the conclusion of the proceedings.
2. The court shall accept the bail at the conditions set out in the above paragraph even if the precautionary measure of pre-trial detention or house arrest has to be imposed to the person due to the existence of a risk of escape, thus allowing him to be in free state.
3. The bail amount shall be determined by the court after hearing the opinion of the parties, based on the real securing needs, the personal and familiar conditions of the defendant, as well as on his/her financial situation.
4. When accepting the bail request, the court shall determine the amount to be deposited and the time within which the deposit should be done and, if deemed appropriate, it shall impose also one of the coercive measures provided for in letters “a”, “b” and “c” of Article 232 of this Code. The defendant shall be held under the precautionary measures of pre-trial detention or house arrest until the bail amount is deposited. The prosecutor shall be notified immediately on the depositing.
5. Immediately after the depositing notice and, in any case no later than 24 hours of the notification for the depositing of the bail amount, the prosecutor shall verify the relevant documentation, ordering as appropriate the immediate release of the defendant or confirming the precautionary measure of pre-trial detention or house arrest.
6. If the defendant infringes the bail conditions, the court shall order the confiscation of the amount deposited as bail and establish the precautionary measure of pre-trial detention.

Article 237 House arrest
1. By the decision of house arrest, the court shall order the defendant not to leave his/her residence or a certain location where he is domiciled, is being cured or taken care of.
2. When ordering this measure, the court establishes also the procedure for its execution and supervision,
3. The prosecutor and the judicial police shall supervise the observance of the orders issued to the defendant.
4. The duration of the house arrest shall be subject to the rules applicable to the precautionary detention in prison.
5. The period of stay under house arrest shall be calculated as part of the imposed sentence.

Article 238 Precautionary detention in prison
1. By a decision for the precautionary detention in prison, the court shall order the judicial police to get the defendant and immediately bring him to the precautionary detention premises to be held at the disposal of the proceeding authority.
2. The period of precautionary detention in prison shall be calculated as part of the imposed sentence.

Article 239 Temporary accommodation in a psychiatric institution
1. When the person who must be arrested is mentally ill and by this reason his capacity to understand or express his/her will is totally lost or diminished, the court, in lieu of the precautionary detention in prison, may order his/her temporary accommodation in a psychiatric institution, establishing the necessary measures to prevent his/her escape.
2. Hospitalisation may not continue when it results that the defendant is no longer mentally ill.
3. Provisions of paragraph 2, of Article 238 of this Code shall apply.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 341 Directing the hearing
3. When the defendant, the defense lawyer, the victim , the witness, expert or interpreter do not observe the court orders to maintain order and silence, offend the dignity of the court or act in a way that threatens the solemnity of adjudication, the presiding judge shall warn them of the consequences. Where the person continues to break the order and silence and fails to obey, the court may impose him a fine up to 30,000 ALL. The repetition of such breach shall constitute grounds for the removal from the courtroom.

TITLE VII THE TRIAL
CHAPTER II THE COURT TRIAL
SECTION I GENERAL RULES
Article 341 Directing the hearing
8. In case of other participants at a court hearing, who do not obey to court orders for maintaining order and silence or offend the dignity of the court, the presiding judge shall warn them and, if they do not observe the court order, the presiding judge shall order them to leave the hearing and, when he/she deems it necessary, shall impose them a fine up to 30.000 ALL.

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 465 Calculation of the precautionary detention in prison and of sentence served
1. When imposing the length of imprisonment, the prosecutor shall calculate the period of precautionary detention in prison already served for the same offence or for another criminal offence, the served period of punishment to imprisonment for another criminal offence when the punishment is revoked or when for the criminal offence has been awarded amnesty or pardon.
2. In any case, the calculation shall comprise only the period of precautionary detention in prison or the punishment served after the commission of the criminal offence subject to the imposition of the punishment to be executed.
3. After making the calculation the prosecutor issues the order which is notified to the convicted person and his defence lawyer.

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 467 Execution of a fine decision
1. Decisions containing a fine penalty are executed by the bailiff’s office.
2. When it is proven the impossibility to execute a fine penalty, in whole or in part, the prosecutor files a request to the court that has issued the decision to make the conversion. Upon request of the convicted person, the court may postpone the conversion up to six months. Such period is not calculated in the prescription time limits.
3. The decision of conversion is subject to appeal, which suspends its execution.