Part One
GENERAL PROVISIONS

Chapter VIII
MEASURES FOR ENSURING THE PRESENCE OF THE ACCUSED PERSON AND FOR A PEACEFUL CONDUCTING OF THE CRIMINAL PROCEDURE

7. TREATMENT OF DETAINEES

Respect of personality and dignity of detainees and their Accommodation

Article 181
(1) Personality and dignity of the detainee shall not be offended in the course of detention.

(2) The only restrictions that may be imposed against detainees shall be only the ones needed to prevent their flight, instigation of third persons to destroy, conceal, alter and fabricate evidence or traces of a criminal offence or to prevent direct or indirect contacts of detainees for the purpose of influencing witnesses, accomplices and accessories by virtue of concealment.

(3) Persons of different sexes shall not be detained in the same room. As a rule, detainees against whom reasonable suspicion exists that they have participated in the same criminal offence shall not be accommodated in the same room, neither shall detainees be accommodated in the same room as persons who are serving a prison sentence. If possible, detainees against whom a reasonable suspicion exists that they are recidivist shall not be accommodated in the same room with other detainees on whom they might have an adverse influence.

Rights of detainees

Article 182
(1) Detainees shall be entitled to at least eight hours of an uninterrupted night rest for every 24-hour period.

(2) At least two hours of movement in the open air within prison grounds daily shall be provided to detainees.

(3) Detainees shall be entitled to wear their own clothes, to use their own bedding or to obtain and use at their own expense food, books, professional periodicals, newspapers, stationary and drawing supplies and other things related to their daily needs, except those suitable for infliction of injures, impairment of health or preparation of flight.

(4) During the investigation, the investigating judge may, by virtue of office or upon the motion of the State Prosecutor issue a ruling temporarily suspending or limiting the detainee's right to procure and use newspapers if this could be detrimental to the conduct of proceedings. An appeal against the ruling of the investigative judge shall be allowed to the Panel referred to in Article 24, paragraph 7 of the present Code.

(5) Detainees may be obliged to maintain in clean condition the premises they are detained in. If required so by the detainees, the investigating judge or the Chair of the Panel with the consent of prison administration may allow the detainees to work within prison grounds in accordance with their mental and physical capacity, providing that this is not detrimental for the course of the procedure. For such a work the detainee is entitled to a fee ordered by the administrator of the prison.

Part One
GENERAL PROVISIONS

Chapter XIII
ENFORCEMENT OF DECISIONS

Enforcement of Decisions with Respect to the Costs of Criminal Proceedings, Claims under Property Law, and Seizure of Items and Proceeds of Crime

Article 221
(1) The execution of judgments with respect to the costs of criminal proceedings, seizure of proceeds of crime, and claims under the property law shall be vested in the Competent Court in compliance with the provisions of the law on the enforcement procedure.

(2) The costs of criminal proceedings shall be compulsory charged by virtue of office and shall be credited to a separate budget allotment for the work of courts. The costs of compulsory charge shall previously be paid from the separate budget allotment for the work of courts.

(3) If the security measure of seizure of an item has been pronounced by a judgment, the court which has rendered the judgment in the first instance shall decide whether such items will be sold pursuant to the provisions of law on the enforcement procedure, or given to a museum of criminology or other institution, or destroyed. The proceeds obtained from such a sale shall be credited to the separate budget allotment for the work of courts.

(4) The provision of Paragraph 3 of this Article shall be applied accordingly also where there is a decision made on seizure of an object pursuant to Article 477 of the present Code.

(5) In addition to a repeating of criminal proceedings or a request for the protection of legality, a final judgment on seizure of items may be amended in civil proceedings if a dispute arises regarding the ownership of the items seized.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXIII
THE JUDGMENT

3. PRONOUNCEMENT OF JUDGMENT

Detention after announcement of the Judgment

Article 376
(1) When the Court imposes a punishment of imprisonment for a term of less than five years, the Panel shall order detention to the defendant who is at liberty if the reasons referred to in Article 175, Paragraph 1, Items 1 and 3 of the present Code exist, and it shall do the same for the defendant who was imposed an imprisonment sentence of five years or a more serious one by a first instance court if grounds exist referred to in Article 175, paragraph 1, item 4. The Panel shall vacate detention of the defendant who is in detention if the reasons for which detention was ordered do not exist any longer.

(2) The Panel shall always vacate detention and order that the defendant be released if s/he is acquitted, or the charge is rejected, or if s/he is pronounced guilty but released from punishment or if s/he is sentenced only to a fine, or community service or judicial admonition or suspended sentence is imposed or s/he has already served a sentence due to inclusion of the detention or other deprivation of liberty or the charge has been dismissed (Article 367), save in the case of lack of the subject-matter jurisdiction.

(3) After the announcement of a judgment and until it becomes final, the detention shall be ordered or vacated pursuant to the provision of paragraph 1 of this Article. The decision thereon shall be made by the Panel of the first instance Court (Article 24, Paragraph 7).

(4) In the cases referred to in Paragraphs 1 and 3 of this Article, before rendering a ruling by which a detention is ordered or vacated, the opinion of the State Prosecutor shall be obtained if the proceedings are conducted upon his/her request.

(5) If the defendant is already in detention and the Panel establishes that the grounds for which detention was ordered still exist, or that the grounds referred to in paragraph 1 of this Article exist, it shall render a separate ruling on extension of detention. The Panel shall render the separate ruling when it is necessary to order or vacate detention, as well. An appeal against the ruling does not stay its execution, and the Court shall decide on the appeal within a term of three days.

(6) Detention ordered or extended pursuant to the paragraphs 1 to 5 of this Article may last until a judgment becomes final, but at the longest until the term of the sentence imposed by the judgment at first instance expires.

(7) Upon the request of the defendant, who is in detention after being sentenced to imprisonment, the Chair of the Panel may render a ruling on his/her transfer to the penitentiary institution even before the judgment becomes final.

Part Three
SPECIAL PROCEEDINGS

Chapter XXIX
PROCEEDINGS FOR IMPLEMENTATION OF SECURITY MEASURES, FORFEITURE OF PROPERTY GAIN,
CONSFISCATION OF PROPERTY WHOSE LEGAL ORIGIN IS NOT PROVED, AND REVOCATION OF A SUSPENDED SENTENCE

2. PROCEEDINGS FOR THE CONFISCATION OF PROPERTY GAIN

General Provisions on Confiscation of Property Gain

Article 478
(1) Property gain obtained as a result of the commission of a criminal offence shall be established as such in the investigatory proceedings, preliminary proceedings and at the trial by virtue of an office.

(2) In the course of the investigatory proceedings, preliminary proceedings and at the trial, the Court and other authorities shall obtain evidence and investigate circumstances that are relevant to the establishment of property gain.

(3) If the injured party submits a property law claim regarding the recovery of items acquired in consequence of the commission of a criminal offence or regarding the amount which corresponds to the value of the items, the property gain shall only be established for the part which exceeds the property law claim.

Confiscation of Property Gain from Third Persons who have been Transferred the Property Gain

Article 479
(1) When the confiscation of property gain obtained as result of the commission of a criminal offence from other persons is being considered, The person to whom the property gain was transferred or the person for whom it was obtained, or the representative of the legal entity shall be summoned for interrogation in the pre-trial proceedings and at the trial. The summons shall contain an admonition that the proceedings will be held even in his/her absence.

(2) The representative of the legal entity shall be heard at the trial after the interrogation of the accused person. The court shall proceed in the same manner regarding other person referred to in paragraph 1 of this Article, unless s/he is summoned as a witness.

(3) The person to whom the property gain was transferred or the person for whom it was obtained or the representative of the legal entity is entitled to propose presentation of evidence concerning the establishment of the property gain and, upon the authorization of the Chair of the Panel, to pose questions to the accused person, witnesses and expert witnesses.

(4) Exclusion of the public from the trial shall not relate to the person to whom the property gain was transferred or for whom it was obtained or the representative of the legal entity.

(5) If the Court establishes that the confiscation of property gain comes into consideration while the trial is in progress, it shall recess the trial and summon the person to whom the property gain was transferred or for whom it was obtained, or the representative of the legal entity.

Determining the Amount of property gain by Free Evaluation

Article 480
The amount of property gain shall be determined at the discretion of the Court if its assessment entails disproportionate difficulties or a significant delay in the proceedings.

Imposing Provisional security measures

Article 481
When the conditions for the confiscation of property gain are met,
the Court shall, by virtue of an office or upon the proposal of the State Prosecutor, impose provisional security measures, pursuant to the provisions governing the enforcement proceedings. In such a case, the provisions of Article 243 of the present Code shall accordingly apply.

Imposing Confiscation of property gain

Article 482
(1) Court may order the confiscation of property gain by a conviction, by a penal order issued without trial, by a ruling on a judicial admonition or by a ruling on the application of a corrective measure, as well as by a ruling on the imposition of a security measure of compulsory psychiatric treatment and confinement in a medical institution, or compulsory psychiatric treatment out of the institution.

(2) In the pronouncement of the judgement or the ruling the Court shall state which valuable item, money amount, or other property gain is to be confiscated.

(3) A certified copy of the judgement or the ruling shall also be delivered to the person to whom the property gain was transferred or for whom it was obtained, as well as to the representative of the legal entity, provided that the Court orders the confiscation of property gain from such a person or a legal entity.

Request for retrial regarding the Confiscation of Property Gain

Article 483
The person referred to in Article 479 of the present Code may submit a request for retrial regarding the decision on the confiscation of property gain.

Appropriate application of provisions regulating an appeal

Article 484
The provisions of Article 383, Paragraphs 2 and 3 and Articles 391 and 395 of the present Code shall be applied accordingly in regard to an appeal filed against the decision on the confiscation of property gain.

Appropriate application of other provisions of the present Code

Article 485
Unless otherwise provided by the provisions of this Chapter, in regard with the implementation of security measures or the confiscation of property gain, other provisions of the present Code shall be applied accordingly.

3. CONFISCATION OF PROPERTY WHOSE LEGAL ORIGIN HAS NOT BEEN PROVED

Request for Confiscation of Property and Contents of Request

Article 486
(1) After the finality of the judgement finding the accused person guilty of the criminal offence for which the Criminal Code prescribes the possibility of extended confiscation of property from the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property and who cannot prove the legality of its origin, the State Prosecutor shall, at the latest within one year, submit the request for the confiscation of the property of the convicted person, his/her legal successor or a person to whom the convicted person has transferred the property for which there is no evidence on the legality of its origin.

(2) The request from paragraph 1 of this Article shall contain the data on the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property, indication of property to be confiscated, evidence on the property owned by the convicted person, his/her legal successor or the person to whom the property has been transferred, and on their legal proceeds, as well as circumstances indicating the obvious discrepancy between the total property and the legal proceeds of the convicted person, his/her legal successor and the person to whom the convicted person has transferred the property.

(3) The request from paragraph 1 of this Article shall be served without delay to the convicted person, his/her legal successor or the person to whom the convicted person has transferred the property, along with a warning stating that s/he shall prove the legal origin of the property at the Panel session referred to in Article 24, paragraph 7 of the present Code, as well as that the property will be confiscated if its legal origin has not been proved.

Deciding on the Request for the Confiscation of Property

Article 487
(1) Pursuant to Article 314 of the present Code, the Panel referred to in Article 24, paragraph 7 of the present Code shall decide on the request referred to in Article 486 of the present Code at the session from which the public may be excluded.

(2) The following shall be invited to the Panel session: State Prosecutor, convicted person, his/her legal successor or a person to whom the convicted person has transferred his/her property, and his/her proxy.

(3) If the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property does not prove by plausible documents or in absence of plausible documents, in some other manner, the legal origin of the property, the Panel shall issue a ruling on the confiscation of the property.

(4) If the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property proves by plausible documents or in some other manner the legality of the property origin or of the part of property, the Panel shall issue a ruling on total or partial dismissal of the request referred to in Article 486, paragraph 1 of the present Code.

(5) The panel referred to in Article 24, paragraph 7 of the present Code shall dismiss the request if it was submitted after the expiry of the deadline referred to in Article 486, paragraph 1 of the present Code.

Contents of the Request on Confiscation of Property

Article 488
(1) The ruling referred to in Article 487, paragraph 3 of the present Code shall contain the data on the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property, on the property being confiscated, and the decision on the costs of safekeeping and administration of the provisionally seized property referred to in Article 96 of the present Code. If the confiscation of the property would bring into question the sustenance of the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property or the persons who they are legally obliged to support, the ruling shall indicate that a portion of the property is exempted from confiscation.

(2) The ruling on property confiscation shall be delivered to the convicted person, his/her legal successor or the person to whom the convicted person has transferred his/her property, his/her proxy, State Prosecutor, and the state authority which, pursuant to the law, shall administrate the confiscated property.

Appeal against the Ruling on Confiscation of Property

Article 489
(1) Convicted person, his/her legal successor of the person to whom the convicted person has transferred his/her property and his/her proxy may appeal against the ruling referred to in Article 487, paragraph 3 of the present Code within eight days; the State Prosecutor may appeal against the ruling referred to in Article 487, paragraph 4 of the present Code.

(2) An immediately superior court shall decide on the appeal referred to in paragraph 1 of this Article.

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.