The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 1
Regulations for the execution of penalties of detention General rules for the execution of main penalties of detention

Art.60 – (1) The regulations for executing main penalties of detention is based on the progressive system. The convicts have the possibility, in accordance with the law on penalty execution, to pass from one treatment to another.

(2) Penalties of detention are executed in one of the following treatments :

• a) the maximum-security treatment ;
b) the closed treatment ;
c) the semi-open treatment ;
d) the open treatment.

(3) The treatment for the execution of penalties of detention is founded on the convicts’ possibility to carry out useful work, if they are able to, on the educational action that must be carried out with regard to the convicts, on their observance of labour discipline and of the inner order of the places of detention, as well as on stimulating and remunerating those who are consistent in their work, disciplined and who show serious improvement. All these means need to be used to lead to the social reintegration of convicts and to the prevention of offence commission.

(4) After reaching the age of 60, convicts are allowed to work only if they ask for and only if they are capable to work.

The place and the manner of executing penalties of detention

Art.61– (1) Execution of penalties of detention is done, according to the law on penalty execution, in places expressly destined for this, called prisons.

(2) Women sentenced to penalties of detention shall execute these penalties separately from male convicts.

(3) Minors convicted to penalties of detention shall execute these penalties separately from adult convicts or in special places of detention, while ensuring the possibility for them to continue the obligatory education and to acquire professional training according to their abilities.

Treatment at work

Art.62 - (1) The work carried out by convicts is remunerated, except maintenance work necessary to the prison.

(2) The norms, the working hours and the remuneration for the convict are those established in the law.

(3) Of the convict’s remuneration, one part shall be given to him/her, and the other part shall be given to the prison administration. These parts, as well as how the money is used shall be established through the law on penalty execution.

The General Part

Title III
Penalties

Chapter III
The regulation for execution of main penalties applied to natural persons

Section 2
Regulations for the execution of life detention and severe detention


The place and manner of executing the penalty of life detention and of severe detention

Art.63 - (1) Life detention and severe detention shall be executed in prisons expressly destined for this or in special sections of the other prisons.

(2) The treatment for life detention and severe detention is the maximum-security treatment. Persons convicted to life detention or severe detention can pass to the other treatments in accordance with the law on penalty execution.

Non-application of life-detention

Art.64 - (1) Life detention shall not apply to persons who, at the date of pronunciation of the conviction decision, have reached the age of 60 years. In this case, life detention shall be replaced by the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

(2) When the person convicted to life detention has reached the age of 60 during the execution of the penalty, life detention shall be replaced with the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

Calculating the penalty in case of commutation or replacement of life detention

Art.65 - In cases of commutation or replacement of life detention with severe detention, the period of detention executed is considered a part executed from the penalty of severe detention.


Section 3
Regulations for the execution of the penalty of strict imprisonment and of imprisonment


The place and manner of executing the penalty of strict imprisonment

Art.66 - (1) Execution of the penalty of strict imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of strict imprisonment shall be the closed treatment, for persons convicted to strict imprisonment for more than 5 years or the semi-open treatment, for strict imprisonment not exceeding 5 years.

(3) The persons convicted to strict imprisonment can pass to the other treatments in accordance with the law on penalty execution.

The place and manner of executing the penalty of imprisonment

Art.67 - (1) Execution of the penalty of imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of imprisonment shall be the open treatment, provided in the law on penalty 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 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.