GENERAL PART

Chapter Four
SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Sentence of Imprisonment

Article 46

(1) A prison sentence may be imposed for a term not shorter than fifteen days and not longer than thirty years.

(2) A sentence of life imprisonment may be imposed for criminal offences of genocide, crimes against humanity, war crimes and aggression, and under conditions under point 1 of paragraph 2 of Article 53 of this Penal Code for two or more criminal offences under paragraph 5 of Article 108, Article 116, Article 352, paragraph 2 of Article 360, paragraph 4 of Article 371, and paragraph 3 of Article 373.

(3) The lowest sentence for criminal offences, for which the prescribed prison sentence is up to thirty years, is fifteen years of imprisonment.

(4) In prescribing a prison sentence for a term of not more than two years, the statute shall not prescribe the minimum term for which sentence may be imposed.

(5) A prison sentence shall be determined in full years and months, unless its term does not exceed a period of six months, in which case it may be determined in full days.

GENERAL PART

Chapter Ten
FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS

Serving of Sentence of Imprisonment

Article 86

(1) The offenders shall serve the sentence of imprisonment in prison prescribed by the statute.

(2) The offenders shall be placed in the above-mentioned prisons according to the degree of deprivation of liberty.

(3) The sentence of imprisonment up to nine months may be substituted with house detention. The court shall decide on substitute house detention with a decision, in which it shall determine that the offender may not leave the building of his permanent or temporary residence or a public institution for medical treatment or care. The court may exceptionally allow the offender to leave the premises of house detention for a definite period of time, when it is absolutely necessary to ensure vital necessities of life, medical assistance, or to perform work. If the offender leaves the building of house detention without the court’s prior consent or outside allowed time, the court may decide that the imposed sentence of imprisonment shall be executed.

(4) The sentence of imprisonment may also be implemented so that the offender in the period of maximum two years performs community service in the amount of minimum eighty and maximum four hundred and eighty hours. The community service shall be distributed in a way not to disturb the offender's obligations of his employment relationship. Such form of implementation shall be decided by the court, which ordered the sentence at the first instance, considering the objective and subjective circumstances of the perpetrator and his consent with this kind of implementation of the sentence. The sentence of imprisonment, which was imposed on the perpetrator for the criminal offence against sexual inviolability, cannot be substituted by community service. If the offender does not fulfil the tasks arising from performing community service, the court may order the execution of the sentence of imprisonment.

GENERAL PART

Chapter Four

SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Sentence of Imprisonment
Article 46

(1) A prison sentence may be imposed for a term not shorter than fifteen days and not longer than thirty years.

(2) A sentence of life imprisonment may be imposed for criminal offences of genocide, crimes against humanity, war crimes and aggression, and under conditions under point 1 of paragraph 2 of Article 53 of this Penal Code for two or more criminal offences under paragraph 5 of Article 108, Article 116, Article 352, paragraph 2 of Article 360, paragraph 4 of Article 371, and paragraph 3 of Article 373.

(3) The lowest sentence for criminal offences, for which the prescribed prison sentence is up to thirty years, is fifteen years of imprisonment.

(4) In prescribing a prison sentence for a term of not more than two years, the statute shall not prescribe the minimum term for which sentence may be imposed.

(5) A prison sentence shall be determined in full years and months, unless its term does not exceed a period of six months, in which case it may be determined in full days.

GENERAL PART

Chapter Ten

FUNDAMENTAL PROVISIONS ON THE IMPLEMENTATION OF CRIMINAL SANCTIONS

Serving of Sentence of Imprisonment
Article 86

(1) The offenders shall serve the sentence of imprisonment in prison prescribed by the statute.

(2) The offenders shall be placed in the above-mentioned prisons according to the degree of deprivation of liberty.

(3) The sentence of imprisonment up to nine months may be substituted with house detention. The court shall decide on substitute house detention with a decision, in which it shall determine that the offender may not leave the building of his permanent or temporary residence or a public institution for medical treatment or care. The court may exceptionally allow the offender to leave the premises of house detention for a definite period of time, when it is absolutely necessary to ensure vital necessities of life, medical assistance, or to perform work. If the offender leaves the building of house detention without the court’s prior consent or outside allowed time, the court may decide that the imposed sentence of imprisonment shall be executed.

(4) The sentence of imprisonment may also be implemented so that the offender in the period of maximum two years performs community service in the amount of minimum eighty and maximum four hundred and eighty hours. The community service shall be distributed in a way not to disturb the offender's obligations of his employment relationship. Such form of implementation shall be decided by the court, which ordered the sentence at the first instance, considering the objective and subjective circumstances of the perpetrator and his consent with this kind of implementation of the sentence. The sentence of imprisonment, which was imposed on the perpetrator for the criminal offence against sexual inviolability, cannot be substituted by community service. If the offender does not fulfil the tasks arising from performing community service, the court may order the execution of the sentence of imprisonment.

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.