GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER X. PURPOSES AND TYPES OF PUNISHMENT

Article 42. Fine
1. Fine shall be a pecuniary payment awarded under daily payment system.
2. Minimum daily payment fine shall be ten daily payment and maximum - three hundred and sixty daily payment. When collecting punishment, the extent of fine shall not be in excess of seven hundred and twenty daily payment.
3. Minimum daily payment fine shall be two lari and maximum - ten thousand lari.
4. The extent of fine shall be determined by court in consideration of the gravity of crime and the material position of the convict that shall be prescribed according to his/her property, income and other circumstances.
5. The court must point out in its judgment both the extent of daily payment and that of the awarded fine in lari.
6. Fine shall be awarded as additional punishment only in case provided under the relevant article of this Code.
7. If the convict maliciously avoids fine, the punishment shall be substituted for socially useful labour, corrective labour or restriction of freedom. In addition, the term during which the convict served the sentence shall be included into the term of socially useful labour, corrective labour or restriction of freedom as follows: one daily payment fine - four hours of socially useful labour, one day of corrective labour, one day of restriction of freedom. Along with the foregoing, in case of maliciously avoiding the socially useful labour, corrective labour or restriction of freedom in place of the fine, the letter shall be replaced with jail sentence or imprisonment in manner and to the extent as hereunder provided for this type of punishment.

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER X. PURPOSES AND TYPES OF PUNISHMENT

Article 50. Imprisonment for Specific Term
1. Imprisonment for a specific term shall mean the isolation of the convict from the society and placement into the penitentiary institution prescribed under this Code.
2. Imprisonment for a specific term shall be awarded for the term extending from six to twenty years.
3. In case of converting corrective labour or restriction of freedom into imprisonment for a specific term, it may be awarded for the term non-exceeding six months.
4. In case of summing up sentences according to the accumulation of crimes the maximum term of imprisonment shall not be in excess of twenty-five years and in case of summing up sentences according to the accumulation of convictions - thirty years.

Article 51. Life Imprisonment
1. Life imprisonment may be awarded only in case of especially grave crime.
2. Life imprisonment shall in no way be awarded against those who have not reached eighteen years by the moment of committing a crime or who have reached sixty years by the moment of delivering the sentence.

Article 52. Types of Penitentiary Institutions for Those Sentenced to Imprisonment
1. The sentence to be served by imprisonment shall be awarded:
a) in general regime institution against the one who is sentenced to imprisonment for premeditated misdemeanour or grave crime as well as against the one convicted of crime of negligence;
b) in stringent regime institution against the one who is for the first time sentenced to imprisonment for any especially grave crime as well as in case of recidivism or dangerous recidivism if the convict previously served the sentence for imprisonment;
c) in prison against those who are sentenced to life imprisonment in case of especially dangerous recidivism as well as in case of being sentenced to more than five years of imprisonment for especially grave crime.
2. The court in compliance with the legislation of Georgia may change the type of institution determined under the sentence on sentence execution

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.