GENERAL PART
CHAPTER VII
PENALTIES
Section 33
(1) Penalties are:
a) imprisonment;
GENERAL PART
CHAPTER VII
PENALTIES
Imprisonment
Section 35
(1) If the court imposed a term of imprisonment, it shall be carried out in a jail, correctional institution or penitentiary.
(2) In view of the circumstances to be taken into consideration for sentencing, the type of incarceration may be prescribed one degree up or down. This provision shall not apply to life imprisonment imposed under Subsections (1)-(2) of Section 44 and Subsection (2) of Section 90.
Fixed-Term Imprisonment
Section 36
The minimum and the maximum duration of a fixed-term imprisonment shall be three months and twenty years, respectively; for crimes committed in the framework of a criminal organization, if the perpetrator is a repeat offender or a habitual recidivist, as well as in the case of cumulative sentences or the merger of sentences it shall be twenty-five years.
Section 37
(1) A sentence of imprisonment imposed for a misdemeanor offense shall be carried out in a jail, except if the convicted perpetrator is a recidivist.
(2) A sentence of imprisonment imposed shall be carried out in a correctional institution if: a) it has been imposed for a felony; or
b) it has been imposed for a misdemeanor, and the convicted perpetrator is a recidivist.
(3) A sentence of imprisonment imposed shall be carried out in a penitentiary if:
a) imposed for term of three years or more:
aa) for a criminal offense covered in Chapter XIII, XIV or XXIV, ab) for a military offense carrying a maximum sentence of life imprisonment,
ac) for acts of terrorism [Subsections (1)-(2) of Section 314, Sections 315-316], terrorist financing [Subsections (1)-(2) of Section 318], unlawful seizure of a vehicle [Subsections (1)-(3) of Section 320], participation in a criminal organization [Subsection (1) of Section 321], criminal offenses with explosives or blasting agents (Section 324), criminal offenses with firearms and ammunition [Subsections (1)-(3) of Section 325], criminal offenses with weapons prohibited by international convention [Subsections (1)-(6) of Section 326], criminal offenses with military items and services [Subsections (1)-(4) of Section 329], criminal offenses with dual-use items
[Subsections (1)-(3) of Section 330], ad) homicide, unlawful drug trafficking, possession of narcotic drugs, kidnapping, trafficking in human beings, sexual violence, public endangerment, violation of international economic sanctions or aggravated cases of robbery [Subsection (2) of Section 160, Subsections (2)-(3) of Section 176, Subsections (1)-(2) of Section 177, Subsection (2) of Section 178, Subsection (2) of
Section 179, Subsections (2)-(4) of Section 190, Subsections (2)-(6) of Section 192, Subsections
(2)-(4) of Section 197, Subsections (2)-(3) of Section 322, Subsection (3) of Section 327, Subsections (3)-(4) of Section 365]; or
b) imposed for a term of two years or more, and the convicted perpetrator: ba) is a repeat offender, or bb) committed the crime in the framework of a criminal organization.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
(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. 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.