Title Three
Penalties

Chapter Three
DURATION AND Effect of Penalties

SECTION ONE
Duration of Penalties

ARTICLE 27. Reclusión Perpetua.
— Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Title Three
Penalties

Chapter Three
DURATION AND Effect of Penalties

SECTION ONE
Duration of Penalties

ARTICLE 29. One-half of the Period of the preventive imprisonment deducted from term of imprisonment.
— Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases :

1. When they are recidivists, or have been convicted previously twice or more times of any crime ;
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily ;
3. When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

Title Three
Penalties

Chapter Three
DURATION AND Effect of Penalties

SECTION THREE
Penalties in which other accessory penalties are inherent

ARTICLE 41. Reclusión perpetua and Reclusión Temporal — Their accessory penalties.
— The penalties of reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Title Three
Penalties

Chapter Three
DURATION AND Effect of Penalties

SECTION THREE
Penalties in which other accessory penalties are inherent

ARTICLE 45. Confiscation and forfeiture of the proceeds or instruments of the crime.

— Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

Title Three
Penalties

CHAPTER FOUR
Application of Penalties

SECTION TWO
Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency

ARTICLE 66. Imposition of fines.
— In imposing fines the courts may fix any amount within the limits established by law ; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit.

Title Three
Penalties

CHAPTER FIVE
Execution and Service of Penalties

SECTION ONE
General Provisions

ARTICLE 78. When and how a penalty is to be executed.
— No penalty shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts.

Title Three
Penalties

CHAPTER FIVE
Execution and Service of Penalties

SECTION TWO
Execution of principal penalties

ARTICLE 86. Reclusión Perpetua, Reclusión Temporal, Prisión Mayor, Prisión correccional and arresto mayor.
— The penalties of reclusión perpetua, reclusión temporal, prisión mayor, prisión correccional, and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.

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.