PART ONE
GENERAL PART
CHAPTER TWO
SANCTIONS
Title Two
General Sentencing Guidelines
Section 45
Deducting Remand in Custody and Sentence
(1) If criminal proceedings conducted against an offender held in custody result in the imposition of a sentence, the time spent in custody on remand shall be deducted from the imposed sentence, including a concurrent or accumulative sentence if, considering the type of sentence, such deduction is possible. The same procedure is used in the case of waiver of accumulative or additional sentences.
(2) If the offender who had been punished by a court or other body is convicted again for the same offence, the sentence he had already served shall be deducted from the imposed sentence if, considering the type of sentence, such deduction is possible. The same procedure is used in the case of concurrent and accumulative sentences.
(3) If it is not possible to deduct the length of custody on remand or sentence pursuant to paragraphs 1 and 2, the court shall take this fact into account when deciding about the type and/or amount of punishment.
(4)The court shall follow the same rules also when the offender was held in custody in a foreign country, or was punished by an authority of a foreign country for an identical offence.
Reduction of national sentence following pre-trial detention - national proceedings
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