GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Imprisonment
Article 42

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.
(2) Imprisonment shall be imposed in full years and months; however, the punishment of imprisonment for a term not exceeding six months may also be measured in full days.
(3) Imprisonment referred to in this Article cannot be imposed on juveniles. The punishment of juvenile imprisonment may be imposed on juveniles under the conditions prescribed by Chapter X of this Code (Rules on Educational Recommendations, Educational Measures and Punishment of Juveniles). Juvenile imprisonment, by its purpose, nature, duration and manner of execution, represents a special punishment of deprivation of liberty.

Substitution of Imprisonment
Article 42a.

(1) A sentence not exceeding one year of imprisonment, upon request of the convicted person, may be substituted by a fine to be paid as a one-off payment within 30 days.
(2) Imprisonment shall be replaced by a fine by having one day in prison equal to a daily amount of the fine or to 100 KM, if the fine is set in a specific amount.
(3) If a fine has not been paid within the deadline referred to in paragraph (1) of this Article, the court shall order that the imprisonment sentence be enforced. If a fine is paid only in part, the imprisonment shall be enforced in proportion to the amount unpaid.

Long-term Imprisonment
Article 42b.

(1) For the gravest forms of serious criminal offences perpetrated with intent, long-term imprisonment for a term of twenty-one to forty-five years may be prescribed.
(2) Long-term imprisonment shall never be prescribed as the sole principal punishment for a particular criminal offence.
(3) Long-term imprisonment shall not be imposed on a perpetrator who has not reached twenty-one years of age at the time of perpetrating the criminal offence.
(4) Long-term imprisonment shall be imposed in full years only.
(5) If long-term imprisonment has been imposed, amnesty or pardon may be granted only after three-fifths of the punishment have been served.

GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Fines
Article 46

(1) Fines are imposed in daily amounts and if that is not possible, then in a fixed amount.
(2) If a fine is imposed in daily amounts, it may be a minimum of five and maximum of three hundred sixty daily amounts, whereas for offences motivated by greed, a maximum imposable fine is one thousand five hundred daily amounts, except in the cases foreseen by this Code.
(3) If a fine is imposed in a fixed amount, a minimum amount may not be less than 500 KM and a maximum one may not exceed 100.000 KM whereas for offences motivated by greed, a maximum fixed amount imposable may not exceed 1.000.000 KM, except in the cases foreseen by this Code.
(4) In imposing a fine for offences motivated by greed, the court may determine a fine exceeding the maximum prescribed amount in paragraphs 2 and 3 of this Article if the value of the illegal gain resulted from the perpetration of the offence exceeds the amount of 1.000.000 KM. In such case the offender may be imposed a fine in an amount that may not exceed the double amount of the value of the illegal gain resulted from the perpetration of the offence for which he or she is being punished by a fine.
(5) A number of daily amounts is determined by the court according to the general rules on meting out penalties. A daily amount is determined by the court according to the amount of the offender’s daily income calculated on the basis of his net salary during three months and his other income and family responsibilities. In determining the amount, the court relies on the data not older than six months at the moment when the fine is imposed.
(6) If data referred to in the preceding paragraph are unavailable to the court, they will be provided by the accused within the deadline as set by the court but not later than by the closing of the main trial. If the circumstances relevant for the determination of a daily amount of fine are not made available to the court by the end of the main trial or those relevant circumstances are unreliable, a fine is imposed in a fixed amount whereby the general rules for meting out penalties are respected.
(7) A minimum daily amount of fine is 1/60 and a maximum amount is 1/3 of the most recent officially published employee’s average net salary in Bosnia and Herzegovina, as published by the Agency of Statistics of Bosnia and Herzegovina.
(8) The court determines in the judgement a deadline for payment of the fine. Such deadline may not be shorter than fifteen days or longer than six months, but the court may allow in justified cases that the convicted pays the fine in instalments, whereby the deadline for payment may not exceed one year.
(9) Fines imposed and collected under this Code shall belong to the Budget of Bosnia and Herzegovina.

GENERAL PART

IX C H A P T E R N I N E
SECURITY MEASURES

Forfeiture
Article 74

(1) Forfeiture shall be ordered with regard to objects used or destined for use in the perpetration of a criminal offence, or to those that resulted from the perpetration of a criminal offence, when there is a danger that those objects will be used again for the perpetration of a criminal offence or when the purpose of protecting the public safety or moral reasons make the forfeiture seem necessary, if those objects are owned by the perpetrator.
(2) Objects referred to in paragraph 1 of this Article may be forfeited even if not owned by the perpetrator when consideration of public safety or moral reasons so require, but such forfeiture does not affect the rights of third parties to obtain damage compensation from the perpetrator.
(3) The law may provide for mandatory forfeiture.

GENERAL PART

XI C H A P T E R E L E V E N
GENERAL PROVISIONS ON EXECUTION OF CRIMINAL SANCTIONS

Execution of Sentence of Imprisonment or Long-term imprisonment
Article 106

(1) The sentence of imprisonment or juvenile imprisonment shall be carried out in closed, semi-open or open institutions for the execution of punishments.
(2) The sentence of long-term imprisonment shall be carried out in the closed-type institution for execution of punishments.

GENERAL PART

XI C H A P T E R E L E V E N
GENERAL PROVISIONS ON EXECUTION OF CRIMINAL SANCTIONS

Labour by Convicted Persons
Article 108

(1) A person sentenced to imprisonment, long-term imprisonment or juvenile imprisonment, if able to work, may work if he consents to it.
(2) If a convicted person requests or consents to work, carrying out of such work shall be enabled.
(3) The work of convicted persons should be useful and should correspond as much as possible to the contemporary way of performing the same kind of work at liberty, and to the professional and other abilities of the convicted persons.

GENERAL PART

XII C H A P T E R T W E L V E
CONFISCATION OF MATERIAL GAIN ACQUIRED THROUGH PERPETRATION OF A CRIMINAL
OFFENCE AND LEGAL CONSEQUENCES INCIDENT TO CONVICTION

The Basis of the Confiscation of Material Gain
Article 110

(1) Nobody is allowed to retain material gain acquired by the perpetration of a criminal offence.
(2) The gain referred to in paragraph 1 of this Article shall be confiscated by the court decision, which established the perpetration of a criminal offence, under the terms set forth under this Code.

Extended Confiscation of Property Gain Acquired through Perpetration of a Criminal Offence
Article 110a

Where criminal proceedings involve the criminal offences set forth under Chapters XVII, XVIII, XIX, XXI, XXI A and XXII of the Code, the Court may issue a decision under Article 110, paragraph (2) and confiscate the property gain for which the prosecutor provided sufficient evidence to reasonably believe that such property gain was acquired by the perpetration of these criminal offences, while the perpetrator failed to prove that the gain was acquired in a lawful manner.

Ways of Confiscating Material Gain
Article 111

(1) All the money, valuable objects and every other material gain acquired by the perpetration of a criminal offence shall be confiscated from the perpetrator, and in case the confiscation is not feasible - the perpetrator shall be obliged to pay an amount of money which corresponds to the acquired material gain. Material gain acquired by perpetration of a criminal offence may be confiscated from persons to whom it has been transferred without compensation or with a compensation which does not correspond to the real value, if the persons knew or should have known that the material gain had been acquired by the perpetration of a criminal offence.
(2) If proceeds of a criminal offence have been intermingled with property acquired from legitimate sources, such property shall be liable to confiscation not exceeding the assessed value of the intermingled proceeds.
(3) Income or other benefits derived from the proceeds of a criminal offence, from property into which proceeds of criminal offence have been converted, or from property with which proceeds of criminal offence have been intermingled shall also be liable to the measures referred to in this Article, in the same manner and extent as the proceeds of the criminal offence.

GENERAL PART

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

Fines for Legal Persons
Article 132

(1) Fines imposable on a legal person shall be no less than 5.000 KM and shall not exceed 5.000.000 KM.
(2) In the event that, by perpetrating the criminal offence, the legal person has caused material damage to another party or the legal person has come into possession of an unlawful material gain, the scope of the imposed fine may be twice as much as the amount of this damage or benefit.
(3) A failure to pay a fine within the deadline set under the final verdict shall result in an immediate forced collection procedure.

GENERAL PART

XIV C H A P T E R F O U R T E E N
LIABILITY OF LEGAL PERSONS FOR CRIMINAL OFFENCES

Punishments for Criminal Offences
Article 144

(1) For criminal offences for which a fine or imprisonment for a term not exceeding three years is prescribed, a legal person shall be punished by a fine of not exceeding 850.000 KM or not exceeding ten times the amount of the damage caused or material gain acquired through the perpetration of a criminal offence.
(2) For criminal offences for which imprisonment for a term not less than three years is prescribed, a legal person shall be punished by a fine of not exceeding 2.500.000 KM or not exceeding twenty times the amount of the damage caused or material gain acquired through the perpetration of a criminal offence.
(3) For criminal offences for which imprisonment for a term of five years or more is prescribed, to a legal person a property seizure punishment may be imposed instead of a fine.
(4) For criminal offences referred to in paragraph 1 of this Article, to a legal person a punishment of dissolution of the legal person may be imposed instead of the fine, under the requirements referred to in Article 134 (Dissolution of a Legal Person) of this Code.

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.