Part Two
COURSE OF THE PROCEEDINGS
V THE MAIN HEARING AND JUDGMENT
Chapter XXIII
THE JUDGMENT
3. PRONOUNCEMENT OF JUDGMENT
Detention after announcement of the Judgment
Article 376
(1) When the Court imposes a punishment of imprisonment for a term of less than five years, the Panel shall order detention to the defendant who is at liberty if the reasons referred to in Article 175, Paragraph 1, Items 1 and 3 of the present Code exist, and it shall do the same for the defendant who was imposed an imprisonment sentence of five years or a more serious one by a first instance court if grounds exist referred to in Article 175, paragraph 1, item 4. The Panel shall vacate detention of the defendant who is in detention if the reasons for which detention was ordered do not exist any longer.
(2) The Panel shall always vacate detention and order that the defendant be released if s/he is acquitted, or the charge is rejected, or if s/he is pronounced guilty but released from punishment or if s/he is sentenced only to a fine, or community service or judicial admonition or suspended sentence is imposed or s/he has already served a sentence due to inclusion of the detention or other deprivation of liberty or the charge has been dismissed (Article 367), save in the case of lack of the subject-matter jurisdiction.
(3) After the announcement of a judgment and until it becomes final, the detention shall be ordered or vacated pursuant to the provision of paragraph 1 of this Article. The decision thereon shall be made by the Panel of the first instance Court (Article 24, Paragraph 7).
(4) In the cases referred to in Paragraphs 1 and 3 of this Article, before rendering a ruling by which a detention is ordered or vacated, the opinion of the State Prosecutor shall be obtained if the proceedings are conducted upon his/her request.
(5) If the defendant is already in detention and the Panel establishes that the grounds for which detention was ordered still exist, or that the grounds referred to in paragraph 1 of this Article exist, it shall render a separate ruling on extension of detention. The Panel shall render the separate ruling when it is necessary to order or vacate detention, as well. An appeal against the ruling does not stay its execution, and the Court shall decide on the appeal within a term of three days.
(6) Detention ordered or extended pursuant to the paragraphs 1 to 5 of this Article may last until a judgment becomes final, but at the longest until the term of the sentence imposed by the judgment at first instance expires.
(7) Upon the request of the defendant, who is in detention after being sentenced to imprisonment, the Chair of the Panel may render a ruling on his/her transfer to the penitentiary institution even before the judgment becomes final.
Enforcement of sentences imposed
National procedures re enforcement of sentences imposed
Enforcement of sentence of imprisonment
Enforcement of national penalties - conditions of imprisonment
Enforcement of national penalties - imprisonment
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