'Enforcement of national penalties - imprisonment' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

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.