PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Three
Imposition and Execution of Individual Sentences

Section 48
Differentiation of Imprisonment Sentence Execution

(1) An imprisonment sentence shall be served in correctional and re-educational facilities (hereinafter referred to as „correctional facility") differentiated by security levels into the categories of minimum, medium or maximum security.

(2) As a rule, the court shall assign the offender to serve his term of imprisonment in the correctional facility

a) of minimum security if, during the ten-year period that preceded the commission of the criminal offence, he did not serve an unconditional imprisonment sentence imposed in respect of a wilful criminal offence,
b) of medium security if, during the ten-year period that preceded the commission of the criminal offence, he served an unconditional imprisonment sentence imposed in respect of a wilful criminal offence ; the previous conviction shall not be taken into account if the offender is considered as never convicted.

(3) The court shall assign the offender to serve his term of imprisonment in the correctional facility of maximum security

a) if he has been imposed life imprisonment, or
b) if he committed a particularly serious felony.

(4) The court may assign the offender into a different correctional category than prescribed by paragraph 2 if it believes that, considering the gravity of the criminal offence and the degree and character of disturbance of the offender, his rehabilitation and re-education will be better ensured in a different category. It may assign the offender to the minimum security facility even if such offender served, during the ten-year period that preceded the commission of this offence, an unconditional imprisonment sentence imposed in respect of a wilful minor criminal offence. However, the offender imposed life imprisonment or the offender of particularly serious felony imposed the term of imprisonment exceeding fifteen years may not be assigned to the minimum or medium security facility.

(5) When assigning the offender into the minimum, medium or maximum security facility, the court shall not be bound by the provisions under paragraphs 2 and 3 also in the case of plea bargaining or reducing the term of imprisonment below the minimum rate pursuant to Section 39, par. 2, letter b).