''GENERAL PART, 3. PUNISHMENTS, Types of punishments, Article 33''
1) Following punishments may be imposed upon criminally liable perpetrators:
1. Imprisonment;
''GENERAL PART, 3. PUNISHMENTS, Types of punishments, Article 33''
(1) Following punishments may be imposed upon criminally liable perpetrators:
1. Imprisonment;
2. Fine;
3. Prohibition to exercise a profession, a business activity or duties;
4. Prohibition to drive a motor vehicle;
(4) 5. Expulsion of a foreigner from the country and
6. Prohibition to attend sports competitions.
(2) An imprisonment sentence may only be imposed as a main punishment.
(3) A fine may be imposed both as a main and as an auxiliary punishment, along
with an
imprisonment punishment or with a conditional sentence determined as a potential
imprisonment.
(4) If both an imprisonment punishment and a fine are proscribed as sanctions for a
crime, only one of them may be imposed as a main one, except in cases for which
the law provides that both punishments may be imposed simultaneously.
(5) Along with a main punishment, one or several auxiliary punishments may also
be imposed, under
conditions set by the law. The law may also proscribe obligatory imposition of an
auxiliary punishment.
(6) A punishment of prohibition to exercise a profession, a business activity or
duties may only be
imposed as an auxiliary one, along with an imprisonment punishment or with a
conditional sentence
determined as imprisonment.
(7) A punishment of prohibition to drive a motor vehicle and expulsion of a foreigner
from the
country may be imposed if imprisonment punishment, fine, a conditional sentence or
a court
reprimand were imposed upon an perpetrator.
(8) A punishment of prohibition to drive a motor vehicle may also be imposed as a
singular
punishment upon an perpetrator who has committed a crime out of negligence
punishable with a fine or with an imprisonment of up to 1 year, if the crime has
been committed under particularly mitigating circumstances.
(9) The punishment of prohibition to attend sports competitions may be imposed if
the convicted has been sentenced with imprisonment, a fine, conditional sentence or
a court reprimand.
ARTICLE 29: On entend par crime contre l'humanité l'un des actes ci-après, commis dans le cadre d'une attaque généralisée ou systématique lancée contre une population civile et en connaissance de cette attaque : a) Meurtre ; b) Extermination c) Réduction en esclavage d) Déportation ou transfert forcé de population; e) Emprisonnement ou autre forme de privation grave de liberté physique en violation des dispositions fondamentales du droit international ; f) Torture ; g) Viol, esclavage sexuel, prostitution forcée, grossesse forcée, stérilisation forcée et toute autre forme de violence sexuelle de gravité comparable,
Persécution de tout groupe ou de toute collectivité identifiable pour les motifs d'ordre politique, racial, national, ethnique, culturel, religieux ou sexiste au sens du paragraphe c, ou en fonction d'autres critères
universellement reconnus comme inadmissibles en droit international, en corrélation avec tout acte visé dans le présent paragraphe ou tout crime relevant de la compétence de la cour [pénale internationale]. h) Disparitions forcées; i) Apartheid ; j) Autres actes inhumains de caractère analogue causant intentionnellement de grandes souffrances ou des atteintes graves à l'intégrité physique ou à la santé physique ou mentale.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
(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.
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.