Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(1) The imprisonment shall be executed in an institution for the execution <strong>of</strong> punishments, in the degrees <strong>of</strong> highsecurity prison, prison or detention centre.(2) The order <strong>of</strong> the execution <strong>of</strong> imprisonment, as well as the obligations and rights <strong>of</strong> the convicts are defined in aspecial legal rule.(3) During the execution <strong>of</strong> imprisonment, those citizens’ rights and obligations <strong>of</strong> the convict which are contrary tothe aim <strong>of</strong> the punishment, thus particularly those which are also covered by the prohibition from public affairs, shall besuspended.(1) Life imprisonment shall be executed in a high security prison.(2) Imprisonment <strong>of</strong> the duration <strong>of</strong> three years or <strong>of</strong> a longer period shall also be executed in a high security prison,if it has been inflicted fora crime against the state or against humanity (Chapters X and XI),1. an act <strong>of</strong> terrorism (Section 261), seizure <strong>of</strong> aircraft, any means <strong>of</strong> railway, water or road transport or any means<strong>of</strong> freight transport (Section 262), criminal misuse <strong>of</strong> explosives and blasting-agents (Section 263), criminal misuse <strong>of</strong>firearms and ammunition [Subsections (1)-(3) <strong>of</strong> Section 263/A], arms smuggling (Section 263/B), partnership in acriminal organization (Section 263/C), criminal misuse <strong>of</strong> weapons prohibited by international treaty (Section 264/C,2. homicide, kidnapping, trafficking in human beings, rape, sexual assault, sodomy, public endangerment, breach <strong>of</strong>obligation under international law and aggravated cases <strong>of</strong> robbery [Subsection (2) <strong>of</strong> Section 166, Subsections (2)-(4)<strong>of</strong> Section 175/A, Subsections (3)-(5) <strong>of</strong> Section 175/B, Subsections (2)-(3) <strong>of</strong> Section 197, Subsections (2)-(3) <strong>of</strong>Section 198, Subsections (2)-(3) <strong>of</strong> Section 200, Subsections (2)-(3) <strong>of</strong> Section 259, Subsection (3) <strong>of</strong> Section 261/A,Subsections (3)-(4) <strong>of</strong> Section 321],3. aggravated cases <strong>of</strong> criminal misuse <strong>of</strong> narcotic drugs [Subsection (2) <strong>of</strong> Section 282, Subsections (2) and (3) <strong>of</strong>Section 282/A, Subsections (2) and (3) <strong>of</strong> Section 282/B],military crimes also punishable with life imprisonment (Chapter XX).(3) Any term <strong>of</strong> imprisonment for two years or longer shall be served in a penitentiary if the convict is a multiplerecidivist or if sentenced for crimes committed in affiliation with organized crime. This provision may not be applied torepeat <strong>of</strong>fenders.The imprisonment shall be executed in a prison - except for the case <strong>of</strong> Section 42 -, ifit has been inflicted for a felony,it has been inflicted for a misdemeanour, and the convict is a recidivist.The imprisonment for a misdemeanour shall be executed in a detention centre, except for the case if the convict is arecidivist.(1) If the court applies imprisonment, it shall inflict incarceration in high security prison, prison, or detention centre.(2) In view <strong>of</strong> the circumstances to be taken for basis when inflicting the punishment (Section 83) - especially thepersonality <strong>of</strong> the perpetrator and the motif for the crime -, an execution type one degree stricter or more lenient thanprescribed may be determined.