Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

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.

Keywords

Enforcement of sentences imposed
Enforcement of sentence of imprisonment
Enforcement of national penalties - imprisonment



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