BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE III
On penalties

CHAPTER I
On punishments, their types and effects

SUBCHAPTER 2. ON PUNISHMENTS DEPRIVING OF FREEDOM

Article 36

1. Imprisonment shall have a minimum duration of three months and a maximum of twenty years, apart from the exceptional terms provided in other provisions of this Code.

Its fulfilment, as well as penitentiary benefits involving shortening of the sentence, shall be applied pursuant to the terms of the laws and this of Code.

2. When the term of the prison sentence handed down exceeds five years, the Judge or Court of Law may order that classification of the prisoner in pre-release penitentiary treatment not take place until half of the sentence handed down has been served.

In any event, when the term of the prison sentence handed down exceeds five years and it is for a felony of those listed below, classification of the convict in pre-release penitentiary treatment may not take place until half the sentence has been served :

a) A felony related to terrorist organisations and groups and felonies of terrorism under Chapter VII of Title XXII of Book II of this Code ;
b) A felony committed within a criminal organisation or group ;
c) A felony under Article 183 ;
d) A felony under Chapter V of Title VIII of Book II of this Code, when the victim is under thirteen years old.

The Parole Board Judge, following an individual assessment that favours social reinsertion, and evaluating the personal circumstances of the prisoner and evolution of the re-education treatment, as appropriate, may issue a reasoned ruling, having heard the Public Prosecutor, the Directorate-General for Penitentiary Institutions and the other parties, to apply the general regime of serving sentence, except in the cases set forth in the preceding Section.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE III
On penalties

CHAPTER I
On punishments, their types and effects

SUBCHAPTER 4. ON PUNISHMENT BY FINE

Article 50

1. Punishment by fine shall consist in sentencing the convict to pay a pecuniary punishment.

2. Punishment by fine shall be imposed, except if the Law states otherwise, by the day-fine system.

3. The minimum length shall be ten days and the maximum two years. Fine penalties against legal persons shall have a maximum length of five years.

4. The daily quota shall be a minimum of two and a maximum of four hundred euros, except in the case of fines imposed on legal persons, in which the daily quota shall have a minimum of 30 and a maximum of 5,000 euros. For the purposes of calculation, when the term is set by months or years, it shall be construed that months are of thirty days and years of three hundred and sixty days.

5. Judges or Courts of Law shall duly determine the extent of the punishment within the limits established for each offence and pursuant to the rules of Chapter II of this Title. They shall also set the amount of these quotas in the judgement, for which they shall only take into account the financial situation of the convict, deducting, revenue, family obligations and charges and his other personal circumstances from his assets.

6. When justified, the Court of Law may authorise payment of the fine within a term that does not exceed two years from the final judgement, either as a lump sum, or in the instalments.

In such case, failure to pay two such instalments shall give rise to maturity of the remaining sums.

Article 51

If the financial status of the convict were to change after sentencing, the Judge or Court of Law, exceptionally, and after duly investigating the situation, may amend both the amount of the instalments, as well as the terms for payment thereof.

Article 52

1. Notwithstanding the terms set forth in the preceding Articles and when the Code so determines, the fine shall be established in proportion to the damage caused, the value of the object of the offence, or the profit obtained from it.

2. In such cases, the Judges and Courts of Law shall establish the fine within the limits set for each offence, considering not only the mitigating and aggravating circumstances of the fact to determine the amount in each case, but mainly the financial situation of the offender.

3. Should the financial situation of the convict worsen after sentencing, the Judge or Court of Law, exceptionally and after due investigation of the situation, may reduce the amount of the fine within the limits set by the law for the offence concerned, or authorise its payment subject to the terms to be determined.

4. In cases in which this Code foresees punishment by fine for legal persons in proportion to the profit obtained or facilitated, to the damage caused, to the value of the object, or to the sum obtained unduly or by fraud, if it is not possible to calculate such on the basis of those items, the Judge or Court of Law shall justify the impossibility to proceed to that calculation and the fines foreseen shall be replaced by the following ones :

a) Fine of two to five years, if the offence committed by a natural person has a prison sentence established in more than five years ;
b) Fine of one to three years, if the offence committed by a natural person has a prison sentence established in more than two years, not included in the preceding Section ;
c) Fine of six months to two years, in the rest of cases.

Article 53

1. Should the convict not pay the fine set, voluntarily or by enforcement, he shall be subject to a subsidiary personal liability of one day of custodial sentence for every two daily quotas not paid that, if a misdemeanour is involved, may be fulfilled by means of permanent traceability. In such case, the limitation on duration established in Article 37.1 of this Code shall not apply.

The Judge or Court of Law may also, with the convict’s prior approval, order that the subsidiary accountability be served by community service. In such case, each day of custodial sentence shall be equivalent to one day of work.

2. In cases of proportional fines, the Judges and Courts of Law shall establish the appropriate personal subsidiary liability at their own discretion, which may not exceed one year in duration, in any case. The Judge or Court of Law may also order community service to be done, when previously agreed with the convict.

3. Such subsidiary liability shall not be imposed on convicts imprisoned for more than five years.

4. Settlement of the subsidiary liability extinguishes the obligation to pay the fine, even though the convict’s financial situation were to improve.

5. The fine imposed on a legal person may be paid by instalments over a period of up to five years, when its amount is proven to endanger the survival thereof, or maintenance of the jobs existing thereat, or when this is advisable in the general interest.

Should the legal person convicted not pay the fine imposed within the term set, voluntarily or by enforcement, the Court of Law may order it to be intervened until it is fully paid.

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.