Chapter 2c (780/2005)
Imprisonment and combination sentence (800/2017)
General provisions
Section 1 (780/2005)
Content of imprisonment
The content of a sentence of imprisonment is deprivation or restriction of liberty. Provisions on the enforcement of a sentence of imprisonment are laid down in the Imprisonment Act.
Chapter 7 (697/1991)
Joint punishment
Section 2 (697/1991)
Maximum and minimum length of a fixed-term sentence of imprisonment
When determining a joint punishment, the most severe maximum punishment for the offences in question may be exceeded, but the length of the punishment shall not be longer than the combined length of the maximum punishments for the offences. In addition, the most severe maximum punishment shall not be exceeded by more than
1) one year, if the most severe maximum punishment is imprisonment for less than one year and six months,
2) two years, if the most severe maximum punishment is imprisonment for at least one year and six months but less than four years, or
3) three years, if the most severe maximum punishment is imprisonment for a fixed term of at least four years.
The punishment shall not be shorter than the most severe minimum punishment for the offences.
The most severe maximum and minimum punishments mean the punishments that can, under the provisions applicable to the case, be imposed as the maximum and minimum punishment for the offence. If one or more of the offences are only punishable by a fine, the fines altogether shall be considered equal to one month's imprisonment when calculating the combined length of the maximum punishments for the offences.
(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. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.