Article 45
A sentence of imprisonment may not be less than thirty days or more than twenty years.
A sentence of imprisonment may not be less than thirty days or more than twenty years.
A sentence of imprisonment referred to in this Article is pronounced in full years and months, and if less than six months, also in days.
A term of imprisonment from thirty to forty years may exceptionally be pronounced for the most serious criminal offences or the most serious forms of criminal offences. Such sentence is pronounced in full years.
A term of imprisonment from thirty to forty years may not be pronounced to a person who, at the time of commission of the criminal offence, was under twenty-one years of age.
When pronouncing a sentence of imprisonment of up to one year, the court may concurrently order its enforcement in the premises where the convicted person lives if, having regard to the personality of the perpetrator, his or her previous life, conduct after commission of the offence, degree of guilt and other circumstances under which the offence was committed, it may be expected that the purpose of punishment will also be achieved in this manner.
A convicted person serving a sentence of imprisonment of up to one year in the manner specified above may not leave the premises where he or she resides, except in cases prescribed by the law governing the enforcement of criminal sanctions. If the convicted person wilfully leaves the premises where he or she resides once for a period exceeding six hours, or wilfully leaves the premises twice for a period of up to six hours, the court shall order that the remaining part of the sentence be served in prison.
A convicted person for a criminal offence against marriage and family who lives with the victim in the same household may not serve the sentence of imprisonment in the premises where he or she resides.
General Provisions on Fines
Article 48
A fine may be determined and pronounced either in daily amounts (Article 49) or in a particular amount (Article 50).
Fines for criminal offences committed for gain may be pronounced as secondary penalties even when not stipulated by law or when the law stipulates that the perpetrator may be punished by imprisonment or a fine, and the court pronounces imprisonment as the principal penalty.
**Fines in Daily Amounts**
**Article 49**
A fine in daily amounts shall be determined by first defining the number of daily amounts and then the sum of the daily amount itself. The final amount of the fine shall be calculated by the court by multiplying the determined number of daily amounts by the value of one daily amount.
The number of daily amounts may not be less than ten or more than three hundred and sixty. The number of daily amounts for the committed criminal offence shall be determined in accordance with the general rules for determining penalties (Article 54).
The sum of one daily amount shall be determined by dividing the difference between the income and necessary expenditures of the perpetrator during the preceding year by the number of days in the year. A single daily amount may not be less than five hundred dinars or more than fifty thousand dinars.
For the purpose of determining the daily amount, the court may request information from banks and other financial institutions, government authorities and legal entities, which are obliged to submit the requested information and may not invoke protection of business or other secrets.
Grounds for Confiscation of Material Gain
Article 91
No one may retain material gain obtained by a criminal offence.
The gain referred to in this Article shall be seized under the conditions stipulated by this Code and by a decision of the court which determined the commission of a criminal offence.
Conditions and Manner of Seizing Material Gain
Article 92
Money, valuables and all other material gains obtained by a criminal offence shall be seized from the offender, and if such seizure is not possible, the offender shall be obliged to hand over other assets corresponding to the value of the material gain obtained through the commission of the criminal offence or to pay a pecuniary amount corresponding to the obtained material gain.
Material gain obtained by a criminal offence shall also be seized from natural or legal persons to whom it was transferred without compensation or with compensation that was obviously disproportionate to its actual value.
Where material gain was obtained by a criminal offence for another person, such gain shall be seized.
Protection of the Aggrieved Party
Article 93
If, in criminal proceedings, a property claim of the aggrieved party is accepted, the court shall order seizure of material gain only if it exceeds the amount of the property claim.
The aggrieved party who, in criminal proceedings, has been directed to institute civil action in respect of his or her property claim may request compensation from the seized material gain if he or she institutes a civil action within six months from the date the decision referring him or her to litigation becomes final.
The aggrieved party who does not file a property claim during criminal proceedings may request compensation from the seized material gain if he or she has instituted civil action to determine the claim within three months from the date of learning of the judgment ordering seizure of material gain, and not later than three years from the date the order on seizure of material gain became final.
In cases referred to above, the aggrieved party must, within three months from the date the decision accepting his or her property claim becomes final, request to be compensated from the seized material gain.
Article 537
The provisions of Articles 538 through 543 of this Code shall apply in the proceedings for the confiscation of proceeds from crime, and unless these provisions specify something special, the other provisions of this Code shall apply mutatis mutandis.
Duty to Determine the Proceeds from Crime
Article 538
The proceeds from crime are determined in criminal proceedings ex officio.
The authority conducting proceedings is required to collect evidence and examine circumstances of importance for determining the proceeds from crime during the proceedings.
If an injured party has submitted a restitution claim whose subject matter excludes the confiscation of proceeds from crime, the proceeds from crime shall be determined only in the part which is not encompassed by the restitution claim.
Confiscating Proceeds from Crime from Other Persons
Article 539
When the confiscation of proceeds from crime from other persons may be considered, the person to whom proceeds from crime were transferred free of charge or with compensation obviously not commensurate with the true value, or a representative of a legal person, shall be summoned for questioning in the preliminary proceedings and at the trial. This person shall be cautioned in the summons that the proceedings shall be conducted even in his absence.
The representative of a legal person shall be examined at the trial after the defendant. The same procedure shall apply to the other person referred to in paragraph 1 of this Article, unless he has been summoned as a witness.
The person referred to in paragraph 1 of this Article, i.e. the representative of a legal person, is authorised to propose evidence in connection with the determination of the proceeds from crime, and to examine the defendant, witness, expert witness and professional consultant with the permission of the panel president.
V ENFORCEMENT OF DECISIONS TAKEN BY THE INTERNATIONAL CRIMINAL COURT
Execution of Prison Sentences Imposed in Judgements Passed by the International Criminal Court
Article 32
The Republic of Serbia shall allow for the execution of prison sentences imposed in judgements passed by the International Criminal Court, at appropriate institutions in the Republic of Serbia based a separate agreement between the Republic of Serbia and the International Criminal Court.
The prison sentence referred to in paragraph 1 of this Article shall be executed in accordance with the regulations of the Republic of Serbia, unless otherwise specified under a separate agreement.
Costs of the execution of the prison sentence mentioned in paragraph 1 of this Article shall be borne by the International Criminal Court, unless otherwise specified under a separate agreement.
V ENFORCEMENT OF DECISIONS TAKEN BY THE INTERNATIONAL CRIMINAL COURT
General Rules on Enforcement of Decisions Taken by the International Criminal Court
Article 31
The Republic of Serbia shall in good faith enforce judgements and other decisions taken by the International Criminal Court.
During the procedure of enforcement of decisions referred to in paragraph 1 of this Article the competent state authorities shall apply the Statute and other regulations that are the sources of rights applied in the proceeding before the International Criminal Court or concerning it, including appropriate rules of the national law.
The Republic of Serbia shall, without delay, notify the International Criminal Court on the existence of any factual or legal impediments as to the enforcement of the decisions referred to in paragraph 1 of this Article, for the purposes of consultations on further actions.
Execution of Prison Sentences Imposed in Judgements Passed by the International Criminal Court
Article 32
The Republic of Serbia shall allow for the execution of prison sentences imposed in judgements passed by the International Criminal Court, at appropriate institutions in the Republic of Serbia based a separate agreement between the Republic of Serbia and the International Criminal Court.
The prison sentence referred to in paragraph 1 of this Article shall be executed in accordance with the regulations of the Republic of Serbia, unless otherwise specified under a separate agreement.
Costs of the execution of the prison sentence mentioned in paragraph 1 of this Article shall be borne by the International Criminal Court, unless otherwise specified under a separate agreement.
Enforcement of Fine, Decisions on Seizure of Property of the Convicted Person's and Compensation of Damages to Victims of Crime
Article 33
When the International Criminal Court requests from the Republic of Serbia to enforce a decision on fine, seizure of property of the accused person's or compensation of damages to victims of crime referred to in Article 1 of this Law, the procedure of enforcement shall be conducted by the court in the Republic of Serbia competent for enforcement, in accordance with the law.
If the enforcement procedure has not been carried out, partially or in entirety, due to the fact that the debtor's property does not comprise funds appropriate to be the subject of enforcement, or for other reasons set forth in the law, the competent enforcement court shall notify the Ministry about it.
The Ministry shall without delay notify the International Criminal Court on the impediments referred to in paragraph 2 of this Article, for the purposes of consultations on further actions.
(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 Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.
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.
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.
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.