Print (Republika Srpska Official Gazette 64/01 of 17 December 2001)
LAW ON THE EXECUTION OF CRIMINAL SANCTIONS AND SANCTIONS PASSED IN MINOR OFFENCES PROCEEDINGS IN REPUBLIKA SRPSKA
COMMON PROVISIONS
Article 1
This law governs the execution of criminal sanctions passed by courts in criminal proceedings. In terms of this law, criminal sanctions are sentences of imprisonment, security measures and correctional measures (hereinafter: sanctions).Sanction passed in minor offences proceedings and detention shall be carried out in pursuance of this law, unless otherwise provided in a separate law.Criminal sanctions passed by foreign courts shall be executed when provided for it in the Criminal Code and international instruments.This law also governs the organization and structure of penitentiary institutions.Article 2
The rights and freedoms of the persons against whom sanctions are executed may be restricted only insofar as it is necessary to achieve the purpose for which sanctions have been passed, in pursuance of law.The execution of a sanction shall begin when the decision ordering the sanction has become finally binding and if there is no legal bar to the execution.The execution may start before the decision ordering the sanction has become finally binding only if the law provides for it specifically.Article 3
When requirements for the execution of sanction have been met, the competent authorities shall take necessary steps in order to start executing the sanction without delay.The execution of sanction may be postponed only in cases and under circumstances defined by law.The person against whom a sanction is executed shall not pay costs of the execution, except for costs provided for in this law.Article 4
No administrative dispute shall be brought to contest rules and regulations enacted in pursuance of this law to govern in details rights and responsibilities of persons against whom sanctions are executed.Submissions, official actions, decisions and other documents related to the implementation of this law shall not be subject to payment of stamp-duty.Article 5
Institutions and authorities in charge of the execution of criminal sanctions shall keep prescribed records and statistics about persons against whom sanctions are executed or who are detained.
Article 6
Administration authorities, institutions and other legal persons, under whose jurisdiction the implementation of social welfare, medical, correctional/educational and other measures relevant to the execution of sanctions fall, shall cooperate with institutions in charge of the execution of criminal sanctions.
Article 7
Affairs of the execution of criminal sanctions provided for in this law are considered affairs of special interest for Republika Srpska (hereinafter: RS).Funds required for operation of prisons shall be appropriated in the RS budget.Buildings, business premises, land and other assets used by prisons are property of Republika Srpska.BASIC PRINCIPLES
Article 8
The purpose of the execution of sentences of imprisonment is that, during the period of serving his term, by employing modern pedagogical, penological and androgogical forms, methods and contents, the convicted person should accept the valid system of social values with the view of easier rehabilitation in the community once he is a free man and should act in compliance with generally accepted standards of behaviour.
Article 9
Convicted persons shall enjoy human rights enshrined in the RS Constitution, the Constitution of BiH, international instruments and this law.Treatment of convicted persons shall be humane and with due respect of their personal dignity and bodily and mental integrity, ensuring, at the same time, maintenance of necessary peace and order.No convicted person shall be subjected to torture or other cruel, inhuman or degrading methods or treatment by official persons of the institution.Article 10
Any convicted person shall be treated in the manner corresponding as much as possible to his mental and physical characteristics and specifics of personality and the progress achieved in the correctional efforts.In order to achieve a success in the correctional efforts, convicted persons shall be classified in the Center for Personality Evaluation or the admittance/release ward of the institution where the convicted person has been sent to serve his prison term or undergo the execution of correctional measure.Article 11
The sense of responsibility for one’s own actions should be developed in convicted persons and they should be encouraged to adopt such behaviour that will help them, once they are released, to easier rehabilitate in the community with the best chance to be law abiding and self-supporting citizens.During the prison term any convicted person shall be allowed to contribute to their own correction and to participate in keeping peace and order and to take part in education classes and cultural, sporting and other activities in the institution.Article 12
Any convicted person shall have the right to practise his religion freely.The institutions shall ensure conditions under which convicted persons can practise religion.Section I
EXECUTION OF SENTENCES OF LIFE AND LONG-TERM IMPRISONMENT AND JUVENILE IMPRISONMENT
Article 13
The sentence of life imprisonment shall be served in a closed prison.The purpose of execution of sentences of life imprisonment is to help a convicted person, through a modern system of correctional methods, to easier serve his prison term and make him able to rehabilitate in the community in the event of amnesty, pardon or release on parole.Article 14
As a general rule, convicted persons shall serve their prison term together with other convicted persons.A convicted person may be ordered to serve his prison term separated from others when the health condition or personality of convicted person requires so or when the law provides for it.Male and female convicts shall serve their prison term separately.As a general rule, juveniles shall serve their prison term separately from adults.Article 15
Convicted persons shall be enabled to work in accordance with their physical, mental and professional abilities and with possibilities of the institution where they serve their prison term.Work of convicted persons should be useful and as similar as possible to the contemporary performance outside the institution.The purpose of this work is to enable the convicted persons to attain or maintain or enhance skills, competence and knowledge necessary for easier rehabilitation in the community after imprisonment.Making a profit through the work of convicted persons shall be without prejudice to the achievement of the correctional purpose of the work.Convicted persons who work earn means for personal needs and the payment of court ordered maintenance and other liabilities provided for by law.Article 16
In order to meet some of individual needs and wishes of convicted persons, general and occupational education shall be provided for them.With the view of convicted persons’ achieving general knowledge and correcting their behavior, various forms of education, courses of lectures, elective activities, culture related activities and physical education shall be organized and books, press and other mass media shall be accessible to them during the prison term.Article 17
Any convicted person shall enjoy rights and privileges provided for in this law, other laws and regulations enacted by law.
Article 18
In order to encourage inmates to take effort to easier rehabilitate in the community after having served the prison term, the inmates, who are reasonable expected to behave well and not to fall into recidivism when released, may be released on parole in pursuance of article 108 of the RS Criminal Code (hereinafter: RS Criminal Code).
Section II
INSTITUTIONS FOR THE EXECUTION OF SENTENCE OF IMPRISONMENT
General Provisions
Article 19
Institutions for the execution of criminal sanctions shall be established as separate institutions of the RS administration, under immediate supervision of the Ministry of Justice.
Article 20
Institutions for the execution of criminal sanctions are: separate institutions of the RS administration for the execution of sentence of imprisonment, institutions for the execution of institutional correctional measures and special institutions (hereinafter: institutions).Institutions for the execution of sentence of imprisonment are: penal and correctional institutions (penitentiary institutions) and county prisons (hereinafter: prisons).Institutions for the execution of institutional correctional measures (detention orders) are educational institution, corrective training institutions and special institutions (hereinafter: correctional institutions).Special institutions are: a special hospital, a penal and correctional institution – school, the center for personality evaluation, and other institutions that may be established as special institutions.The special hospital is meant to be a special medical institution or special mental ward in a hospital.Article 21
Institutions shall be established and dissolved in pursuance of this law.The law on the establishment shall determine the type and location of an institution.Territorial jurisdiction of an institution shall be determined by the Minister of Justice (hereinafter: the Minister).The Minster may establish or dissolve a separate department of an institution outside its original location.Article 22
According to the level of security and restriction of movement of inmates and measures of correctional treatment applied to them, an institution may be classified as closed, semi-open or open institution.Open institutions shall not have security equipment or security service and the organization of life and work shall be based on the inmates’ self-discipline and personal responsibility encouraged and controlled by teachers.Semi-open institutions shall not have security or electronic equipment and prison guards shall ensure the maintenance of peace and order and the control over movement of inmates.Closed institutions shall have security equipment and security service such as armed guards, fencing walls and electrical equipment to deter inmates from escaping.In closed institutions, wards with the maximum security and intensive corrective training may be established.In closed institutions, semi-open wards may be established and in semi-open institutions, open wards may be established.Article 23
The Book of Prison Rules shall govern in details the organization of operation and the way of living of inmates.The Book of Prison Rules shall be enacted by the Minister on the governor’s proposal.The Book of Prison Rules under paragraph 1 of this article shall govern the following in particular: manner of organizing educational activities, manner of practising religion, manner of organizing free time, manner of receiving medical care and taking hygienic measures, maintenance of order and discipline, the procedure for passing disciplinary sentences, correspondence, receiving visits and mail, conditions and manner of disposal of money received through remuneration, bonuses and money by mail, manner and requirements for having privileges granted, exercised and revoked, manner of releasing from prison and assistance after the release and other issues that may be of importance for the execution of criminal sanctions.Organization of Prisons (Penitentiary Institutions)
Article 24
Prisons shall be established as penitentiary institutions (prisons), county prisons and special hospitals.Separate wards for the execution of sentence of imprisonment passed on women, separate wards for the execution of juvenile imprisonment and separate wards for the execution of correctional measure of detention in a corrective training institution (vaspitno-popravni dom) may be established in prisons under paragraph 1 of this article.As a general rule, pre-trial detention shall be carried on in county prisons and, if there is no county prison, in a separate prison ward.Article 25
The structure of prisons shall be governed in the Rules on Prison Structure that shall be enacted by the Minister.As a general rule, operational units to deal with security, education and corrective training, health care, work of inmates and administration, finance and logistics (opšti i zajednicki poslovi) shall be established in prison.Article 26
Any sentence of imprisonment for a term exceeding one year, whether it is an originally determined term or the remainder of a term after deduction of pre-trial detention or earlier served term, and sentences of imprisonment that are passed for criminal offences in recidivism regardless of the level of sentence, shall be served in prison.Any sentences of imprisonment for a term not exceeding one year, whether it is an originally determined term or the remainder of a term after deduction of pre-trial detention shall be served in county prison.Women and female juveniles having received the sentence of juvenile imprisonment shall serve their prison term in women’s prison regardless of the level of sentence.Inmates having received the sentence of juvenile imprisonment shall serve their prison term in prison/separate wards for the execution of juvenile imprisonment.Inmates having received the sentences of life imprisonment and inmates who require a special corrective training programme or who pose a serious threat to the security of others shall serve their prison term in wards with the maximum security and intensive corrective training.Institutions for the Execution of Detention Correctional Measures
Article 27
The correctional measure of confinement in a correctional institution shall be executed in a correctional institution.The correctional measure of confinement in a corrective training institution shall be executed in a corrective training institution for male juveniles and in a separate ward for female juveniles if an offender is female.The correctional measure of confinement in a special institution shall be executed in a special institution.The corrective training institution is a semi-open institution where an open ward may be established.Special Institutions
Article 28
Inmates who need a hospital treatment longer than three months shall serve their prison term in a special hospital.The measure of obligatory psychiatric treatment and confinement in a mental institution passed as a sole sentence or accompanying a sentence of imprisonment and the measure of obligatory treatment of alcohol and drug addiction shall be executed in a special hospital.The Book of Hospital Rules of a special hospital shall be subject to approval of the Ministry of Health, Labour and Social Security and the Ministry.Supervision over the measure of obligatory psychiatric treatment and confinement in a mental institution shall be carried on by the Ministry of Health, Labour and Social Security.Supervision over lawful and duly treatment of inmates under paragraphs 1 and 2 of this law shall be carried on by the Ministry and the court having passed the measure.External security of a medical institution for the execution of the measure of obligatory psychiatric treatment and confinement in a mental institution shall be ensured by security guards.The provisions of this law respecting security guards – prison guards shall be applied accordingly to the security guards under paragraph 6 of this article.Article 29
School as a special institution for general and occupational education of inmates shall be established in prisons.
Article 30
The center for personality evaluation and determination of corrective training programmes, is a special institution where characters of inmates are analysed, corrective training programmes are determined and inmates are assigned to suitable institutions for the execution of sentence of imprisonment.
Article 31Special institutions are:
a special hospital,a penal and correctional institution – school within prison or corrective training institution, as closed institutions,the center for personality evaluation and determination of corrective training programmes.PRISON STRUCTURE
Prison Administration
Article 32
The administration and structure of administrative departments of institutions shall be governed in this law and the legislation respecting the structure of state authorities.
Article 33
A prison and a county prison shall be managed by the prison manager and the governor respectively (hereinafter: the governor).The governor shall represent the prison and is held personally responsible for the lawful and timely performance and discharge of duties.A deputy governor shall be employed to replace the governor in the event of his absence or inability towork and to assist the governor in performing his jobs within his competence.Article 34
The governor and deputy governor shall be appointed and dismissed by the RS Government on the Minister’s proposal.The governor and deputy governor shall be appointed for a four years’ term and may be re-appointed.A person, who has bachelor’s degree and at least five years of relevant experience, may be appointed as governor.The governor and deputy governor shall report to the RS Government and the Minister.Article 35
Supervisors shall assist the governor in managing particular lines of work.The supervisory staff shall consist of assistants and advisors.The assistants and advisors shall be appointed by the governor without an open competition procedure, with approval of the Minister.The posts of supervisory staff under this article and job descriptions shall be set forth in the Rules on Prison Structure.The assistants and advisors shall be appointed for a four years’ term and may be re-appointed.Article 36
In order to achieve the purpose of execution of sentences of imprisonment under article 8 of this law, the operational unit in charge of corrective training shall plan and coordinate educational/correctional efforts, analyze personal characteristics of inmates, develop the individual corrective training programme for each inmate, directly monitor work and behavior of inmates serving their term with the assistance of other operational units and occupational trainers, collect and compile information and observations of occupational trainers, educators and other officers who work directly with inmates about comport and behaviour of inmates, analyse and study the progress and effects of measures taken, and on the basis of the progress, take necessary measures and improve corrective training in the institution, by employing modern methods and forms.Corrective training shall be performed by sufficient number of educators having relevant bachelor’s degree so that, as a general rule, there shall be up to 40 inmates per an educator, if the group consists of inmates for the first time convicted, up to 30 inmates per an educator, if the group consists of recidivists and up to 20 inmates per an educator, if the group consists of juveniles or junior adults.A group of experts (psychologist, pedagogue, social worker, doctor, and the like), who shall analyze personal characteristics and determine programs of corrective training of inmates, shall be employed in the institution.The educators, psychologists, pedagogues, social workers and other professionals working in the educational department shall take the qualifying examination before the Commission appointed by the Minister.The Prison Rules on Qualifying Examination shall be enacted by the Minister.Article 37
In order to render medical treatment to inmates every institution shall organize health service.Services of a psychiatrist for diagnosing and the implementation of particular measures shall also be ensured, as required, in the institution.In a prison for women, a maternity ward and appropriate premises for children shall be ensured.Article 38
In an institution, work by inmates shall be performed in economic departments (workshops, plants, farms).Employees/occupational trainers in the economic departments shall organize occupational training of inmates and shall perform other jobs assigned in the Rules on Prison Structure.In order to train inmates for particular jobs in the institution a sufficient number of occupational trainers shall be ensured.Article 39
Administrative, legal, financial, office, personnel and logistics related jobs shall be performed by prison staff in pursuance of the Rules on Prison Structure.
DEPARTMENS IN AN INSTITUTION
1. Security Service
Article 40
The security service shall secure institutions, and premises and working places in which inmates stay and work, maintain peace and order among the inmates and do other jobs provided for by law and regulations enacted in pursuance of law.
Article 41
Security in institutions shall be ensured by prison police – warders/guards (hereinafter: the prison guards).The prison guards shall carry weapons and wear uniforms.Vehicles used for security and supervision purposes shall have special insignia and equipment.The prison guards shall hold official identity cards/badges.Article 42
The prison guards working with inmates shall be of the same sex as the inmates they are in charge of.
Article 43
Rules and regulations governing the operation of security department, uniform, insignia, identity card/badge, type of weapons and the manner of carrying them, insignia and equipment on vehicles, qualifying examinations and other issued related to the department shall be enacted by Minister.
2. Educational and Correctional Department
Article 44
The educational and correctional department shall plan, programme and implement the process of education and correction of convicted persons and juveniles and coordinates the work of other participants in this process to this end.The department shall do the following in particular: analyse characters of convicted persons and juveniles and determine corrective treatment programmes, organize and implement group and individual correctional work by employing appropriate methods and techniques of correction, organize and implement general and vocational education, organize and implement elective activities of convicted persons and juveniles (cultural, educational, sporting and other activities), encourage an active participation of inmates in the implementation of corrective training by using appropriate incentive schemes, give opinion in the procedure of granting pardon, release on parole, the termination of imprisonment and transfer of prisoner, propose a classification and reclassification of inmates in correctional groups or squads and do other jobs provided for by law and regulations enacted in pursuance of law.3. Economic and Occupational Training Department
Article 45
The economic and occupational training department shall organize work of convicted persons and juveniles, organize and implement vocational education of convicted persons and juveniles and do other jobs provided for by law and regulations enacted in pursuance of law.
4. Health Care Department
Article 46
The health care department shall provide inmates with health services, control hygienic conditions, quality and quantity of food and water and do other jobs provided for by law and regulations enacted in pursuance of law.
5. Administration and Support Department
Article 47
The administration and support department shall perform legal, technical and administrative jobs, accountancy, finance, logistics and deposit related jobs, keep prescribed records and registries, organize the provision of legal aid and other assistance to inmates, do other jobs provided for by law and regulations enacted in pursuance of law and other jobs required by the institution as a whole.
Article 48
The department shall be managed by the deputy governor who shall report to the governor.
A person, who has bachelor’s degree and at least five years of relevant experience, may be appointed as deputy governor.
Section III
LABOUR RELATIONS AND OPERATING FUNDS
Article 49
The legislation governing labour relations in state bodies shall be accordingly applied to employees in institutions for the execution of criminal sanctions unless otherwise determined in this law.
Article 50
The Government shall issue an act on ranks and titles of employees in institutions for the execution of criminal sanctions and assign a salary grade for each of them.The ministry shall be in charge of issuing decisions on the need of recruiting new employees in the institutions and of supervising the implementation of decisions.Article 51
The governor shall enact the Book of Job Descriptions with approval of the Minister.
Article 52
A person who is employed in the security department (security/prison guard) on probation shall meet, besides the general requirements, the following specific requirements: that he is under 25, he has completed service in the army, he has completed secondary school and is physically and mentally fit for the post.The physical and mental fitness for the post under paragraph 1 of this article shall be assessed by an expert commission appointed by the Minister.The probation period shall last six months if the person is on probation for the post requiring completed secondary school and one year for the post requiring completed two years at university or bachelor’s degree and shall be spent at work in the institution or in training for employees on probation carried on in accordance with the curriculum prescribed by the Minister.After the probation period has expired the person on probation shall take the qualifying examination before the Commission appointed by the Minister.The employment of prison guard on probation who arbitrarily terminates the probation period, quits the training or is excluded from the training through fault of his own shall be terminated and he shall reimburse the costs incurred during the period of probation.Article 53
In the interest of prison service, if required, an employee shall work over time and his annual leave may be postponed or interrupted.A decision on over time, postponement or interruption of annual leave shall be issued by the governor.Employees and supervisors in the institutions shall be constantly engaged in in-service training and professional development in accordance with a special curriculum prescribed by the Minister.Article 54
Should the need arise, an employee may temporarily be placed in another institution for a period up to three months without his consent or for a period not exceeding six months per year with his consent.Should security and keeping peace and other require so, the minister may order for placement of a competent official under paragraph 1 of article 58 of this law in another institution and for the equipment to be given temporarily until the need has ceased.The decision on placement in another institution shall be issued by the Minister at the governor’s request or ex officio.Article 55
Employees and supervisors in the institutions shall not be members of political parties nor shall they be involved in politics.Employees and supervisors in the institutions shall not have jobs incompatible with their office.The Minister shall prescribe what jobs are incompatible with prison service.Article 56
The institution shall insure employees’ lives.An officer under preceding paragraph, who got killed in the line of work discharging his duties or in circumstances surrounding his work, shall be buried at the expense of the institution.The family supported by the deceased under preceding paragraph is entitled to receive once-occurring aid to the extent of at least twelve months’ pay the officer received before the death.COMPETENT OFFICIALS
Article 57
The competent officials are the Minister, his deputy in charge of the prison service, employees in the Ministry who perform supervision over the lawful operation of institutions and employees in the institutions, who work under special circumstances and have special duties and responsibilities (hereinafter: competent officials).The competent officials shall hold official identity cards/badges.Years of service in the posts in the execution of criminal sanctions which substantially affect health and impair working ability of employees due to difficult nature and circumstances of the posts shall be computed as pensionable years in the manner that twelve months of actual service shall be counted as sixteen months of pensionable service.Article 58
The employees in the institutions that work in posts in training, correction, health care, administration and legal affairs, where they directly influence inmates and other posts that require a direct contact with inmates and prison guards and the Ministry staff who work in the posts in the execution of criminal sanctions shall have pensionable years computed in the same manner as employees under paragraph 3 of article 57 of this law.On the proposal by the Minister, the RS Government shall determine which posts shall attach the entitlement under preceding paragraph.As to the exercise of the entitlement in relation to the employees under preceding paragraph, the Minister shall have the same powers as the Minister of the Interior has in relation to the employees of the Ministry of the Interior.Article 59
A competent official has the right and responsibility to undertake all actions within the scope of his duty in order to execute a sentence of imprisonment.In discharging their duty, a competent official and a prison guard are entitled to employ the means of force under article 181 through 183 of this law.Owing to the difficult nature and circumstances of the posts, competent officials shall receive bonus to the extent of 35 % of monthly paid salary.The percentage for the bonus in a particular post shall be determined by the RS Government in the decision enumerating posts that attach the entitlement to special computing of pensionable years.Article 60
Any competent official under articles 57 and 58 of this law may be retired even before general requirements for retirement have been met, if he has at least 25 pensionable years of service out of which at least 15 years of service was spent in posts attaching the entitlement to the special computing of pensionable years.
Article 61
Prison guards shall be sent to have regular medical check-ups once in two years. If there is a need for a medical check-up, they may be sent more often, which shall be decided by the governor.Employment of the employee under paragraph 1of this article, who has developed a mental disorder or impairment of health condition in general that renders him incapable of working, shall be terminated if there is no possibility to place him in another post in the institution.The incapability under paragraph 2 of this article shall be established by a commission appointed by the Minister.A decision on the termination of employment in terms of article 60 and paragraph 2 of this article shall be issued by the Minister.A mental disorder or impairment of health condition in general under paragraph 2 of this article shall be considered a loss of working ability in terms of pension and disability scheme legislation and the employee whose employment has been terminated on these grounds is entitled to disability benefit/pension.Article 62
The employee whose employment has been terminated and who has met requirements for retirement shall receive a severance pay to the extent of the salary he received in the last five months.
Article 63
Other entitlements of competent officials and other employees in institutions shall be regulated in the Law on Pension and Disability Insurance.
Disciplinary Responsibility
Article 64
Besides the instances of minor misconduct in office provided for in the Law on Labour Relations in State Bodies, any conduct in contravention of work related rules and regulations respecting performance in an institution for the execution of criminal sanctions, which has caused or might have caused insignificant damage, shall also be considered an instance of minor misconduct in office.
Article 65
Besides the instances of serious misconduct in office provided for in the Law on Labour Relations in State Bodies, the instances of serious misconduct in office shall also include the following:Irresponsible and unconscientious performance, and especially unauthorized absence from work, sleeping at work, failure to discharge duties and the like;Taking gifts from persons in custody and their relatives;Trade and barter with persons in custody;Taking in or taking out things not allowed to possess for persons in custody or helping them in doing it or enabling them to do it;Any conspiracy with persons in custody aimed at preventing the investigation or helping then in escaping;Non-reporting of conspiracy of persons in custody concerning a riot, escape or any other violation of home rules;Disclosure of official secrets defined as such by law or in a by-law;Damaging state property entrusted with;Performing jobs incompatible with their service;Giving or obeying orders that are in blatant violation of security of persons in custody and property andExceeding the reasonable use of force.2. The serious misconduct in office under item 2 through 7 is punishable by the termination of employment that may be conditionally suspended for six months and other instances of serious misconduct in office is punishable by a fine of up to 15 % of salary for a period of up to six months.
Article 66
Disciplinary proceedings shall be conducted in an institution by the three members’ disciplinary committee appointed by the governor.The disciplinary committee shall propose which disciplinary measure the governor shall pass.An appeal (prigovor) against this decision may be lodged to the Ministry within 8 days of the receipt of decision.The Ministry shall decide the appeal within 15 days of the receipt of appeal.Operating Funds
Article 67
Operating funds of an institution shall consist of labour funds, funds for operating costs and funds for special purposes.The funds for special purposes shall be spent on: construction, refurbishment, equipping and maintenance of premises for inmates, facilities for the execution of sentences of imprisonment, housing and other facilities needed by employees and inmates; provision of equipment, fuel, food, clothing, shoes and underwear for inmates, health services, education, remuneration outside economic departments and awards, cultural and educational activities of inmates; costs incurred by sending inmates to institutions and costs incurred by bringing inmates under police escort, assistance rendered after release from prison, provision of uniforms, weapons and other equipment for security guards, their in-service training, regular and occasional medical check-ups and aid to families of employees killed in line of work and meeting other needs of employees and inmates.Weapons and equipment are exempted from taxes and contributions (tax, duty, deposit and the like).ECONOMIC DEPARTMENTS IN THE INSTITUTIONS
Purpose of Establishment
Article 68
In order to achieve the purpose of execution of sentences of imprisonment, arrangements shall be made for inmates to work.The purpose of this work is to enable the convicted persons to attain or maintain or enhance skills, competence and knowledge necessary for easier rehabilitation in the community after imprisonment.Establishment
Article 69
In order to achieve the goals under articles 15 and 68, paragraph 1, economic departments may be established in institutions.
Article 70
An economic department shall be established or dissolved by the Ministry.The economic department may be established if funds for founding have been provided and if other legal requirements have been met.The funds under the preceding article shall be provided for in the RS budget.Article 71
1. The articles of incorporation of an economic department shall set forth:
the name of the founder,the name and head office of the economic department,line of work,amount of resources provided for the establishment and beginning of work of economic department and the manner of providing the resources,rights and responsibilities of the economic department,liabilities of the economic department,limits of authority of persons representing the economic department andother details the founder considers important for the operation of the economic department.Article 72
The establishment of the economic department shall be entered in the competent court’s register of companies in pursuance of relevant legislation.Any changes of details under article 71 of this law shall be decided by the founder.Structure and Operation
Article 73
The economic department shall be managed by the deputy governor in charge of the economic and occupational training affairs.The deputy governor shall organize the work, represent the economic department and report to the Governor.The structure and operation of an economic department shall be governed in details un prison rules.Article 74
The economic department shall act in its name and on its behalf in legal transactions.Financial transactions shall be carried on in a separate bank account.Article 75
1. The economic department shall be exempted from:
tax on profitdeveloped land contribution (doprinos)water supply contribution (doprinos)other liabilities provided for by specific law.2. The calculated added value of inmates’ labour shall not be subject to taxation and payment of contributions.
3. Remuneration for inmates’ work under provisions of this law shall be considered operational costs.
Article 76
The economic department shall compute the profit tax under paragraph 1, item 1, of article 75 of this law and pay it into a separate bank account within the Ministry budget.The funds under paragraph 1 of this article shall be used for: investments in the economic departments, construction, refurbishment and equipping of premises for inmates, meeting housing needs of employees in the institutions and the Ministry and meeting other needs in connection with the execution of sentences of imprisonment.Article 77
The economic department may enter in business and technology related cooperation with companies and other legal persons, taking account of the goals provided for in this law.
Article 78
The provisions of this law respecting business affairs of the economic department shall not apply to services rendered by the institution itself to meet its own needs.Income and expenditure in relation to services under paragraph 1 of this article shall be planned in the financial plan of the institution.Article 79
The economic department may take bank loans and credits for expansion of business and extensive reconstruction only on condition that it gets approval of the project from the founder.
Article 80
A production and financial plan of an economic department shall be made by the governor on the proposal of deputy governor in charge of the economic and occupational training affairs.The financial plan shall ensure funds for covering costs of the economic department in the amount equivalent to the amount paid for salaries of employees of the economic and occupational training department in line with the salary policy in the institution.Article 81
Profit of the economic department shall cover the loss from earlier years and the reminder shall be earmarked in percentages: 70 % for the accumulation and 30% to be paid into a separate bank account within the Ministry budget.
Article 82
The funds paid into the separate bank account within the Ministry budget under article 83 of this law shall be used for development and enhancement of the function of execution of sentence of imprisonment.The Minister shall determine in details the purpose, manner and conditions of using the funds.Article 83
The profit shall be earmarked by the governor on the proposal of deputy governor in charge of the economic and occupational training department.If the revenue generated by the economic department is not high enough to cover operational costs of an economic department, the founder shall be liable for them.SUPERVISION
Inspection and Expert and Instructing Supervision
Article 84
The Ministry shall supervise institutions for the execution of criminal sanctions.The supervision over the institutions shall include the supervision over the implementation of legislation governing the execution of criminal sanctions.The expert supervision over the institutions shall be carried in order to ensure a uniform system of the execution of criminal sanctions, by analyzing and sharing lessons learned and rendering assistance to particular institutions.Scientific and professional institutions or individual experts may be hired to carry out the supervision.Article 85
An authorized official of the Ministry shall carry on the supervision under article 84 of this law (hereinafter: authorized official).
Article 86
The governor shall make the required documentation available to the authorized official and enable him to work without let or hindrance.The authorized official is entitled to carry the inspection and have conversation with inmates or juveniles without the presence of prison staff.Article 87
During an inspection the authorized official has the right and responsibility to inspect programmes and plans of the institution, the implementation of corrective training of inmates, the organization and implementation of particular types of activities, general and occupational education, spending of free time, the organization of security service, the implementation of rules and regulations respecting uniforms, insignia, ranks, weapons, restraining devices, the structure of institution, occupational training of convicted persons and juveniles, business affairs, the exercise of rights arising from work by convicted persons, prison conditions, the state of premises, accommodation, heating, light, ventilation, provision of food, clothing and footwear to inmates and the exercise of other entitlements and privileges provided for in this law and the implementation of disciplinary measures against inmates, keeping the prison register etc.
Article 88
A written report shall be made each time an inspection is carried on, containing the inspector’s findings and ordering actions and setting timelines for rectifying the found irregularities and proposing measures for an improvement.The report shall be delivered to the governor and the Ministry.The institution is entitled to lodge objections against the ordered measures with the Ministry within 8 days of the receipt of the report.The institution shall comply with the ordered measures and inform the Ministry about it.Article 89
The Ministry may issue a decision on the suspension of an institution and on transfer of inmates to another institution if during an inspection it is found that the institution does not fulfil requirements for safe functioning or does not meet medical or hygienic requirements.If security of an institution cannot be ensured, the Minister shall appoint an interim governor until the RS Government has issued a decision.Article 90
The Ministry of health and Social Security shall carry on inspections of special hospitals and health services in the institutions with approval of the Ministry.
Article 91
The Ministry may release information about a particular subject concerning the execution of criminal sanctions to the press and other mass media.The data and information under paragraph 1of this article about work and state of affairs in an institution shall be released by the governor with authorization given by the Ministry.The release of information and data under paragraphs 1 and 2 of this article shall be withheld when they are state, official or trade secrets, when it would harm the purpose of the execution of criminal sanctions.Article 92
Detailed regulations on defining and keeping state, official or trade secrets shall be enacted by the Minister.
Article 93
Group and individual visits to institutions for the execution of criminal sanctions shall be approved by the Ministry.The provision of paragraph 1 of this article shall not be applied to employees of state bodies (court, prosecutor’s office, inspection bodies and the like) when they are visiting in official capacity.Section IV
EXECUTION OF CRIMINAL SANCTIONS PROCEDURE
A. EXECUTION OF SENTENCES OF IMPRISONMENT
General Provisions
Article 94
No discrimination on the grounds of convicted person’s race, colour, sex, language, religion, political or other conviction, national or social origin, family relation, property or other status shall be applied in treatment of convicted persons.
Religious feelings and customs of the group an inmate belongs to shall be respected.
Article 95
Any convicted person fit for work has the right and duty to work.Work of convicted persons should be in accordance with their abilities and shall not be degrading.Article 96
Any convicted person who has received a sentence of up to one year's imprisonment and who is in full-time employment at the time of starting serving his term may be allowed to continue working in the company he has been working in if the criminal offence he has been convicted of is not work related and on condition that he has not been convicted for such offences.The approval under paragraph 1 of this article shall be decided by the Minister at the request of sentenced person or the company he has been working in.Mutual rights and responsibilities in a case under paragraph 1 of this article shall be stipulated in an agreement between the institution and the company.Article 97
Upon his arrival in prison a convicted person shall be informed about rights and responsibilities provided for in this law, Prison Rules and other regulations.During the imprisonment inmates shall have access to provisions of this law and other regulations respecting the execution of criminal sanctions and relevant to inmates’ rights and responsibilities, which shall be in charge of the governor.Sending A Convicted Person to Serve His Prison Term
Article 98
A convicted person shall be sent to serve his prison term by the basic court in whose jurisdiction the person resides permanently or temporarily.A convicted person who is in pre-trial detention shall be sent to serve his prison term by the basic court in whose jurisdiction the person is detained.If a convicted person’s permanent or temporary residence is unknown, the court having issued the original verdict has jurisdiction over the convicted person.The Rules on the Criteria for Sending Convicted Persons to Serve Prison Term shall be enacted by the Minister.Article 99
The court having issued the original verdict shall enclose with the finally binding decision all pieces of information about the convicted person’s character gathered in the criminal proceedings, which are relevant to the execution of sentence of imprisonment (criminal record, expert witnesses’ opinions and findings, social security chart and the like) and send them to the court in charge of the execution.
Article 100
The court shall summon a convicted person to report to the particular institution to start serving his term. The date shall be assigned so that the convicted person shall have from minimum eight days to maximum of 15 days before he reports to the institution to start serving his term.While informing the convicting person the court shall give him the letter of confinement (uputni akt) and a ticket if he is to take public transport to the institution.At the same time or three days after the convicted person was informed at the latest, the court shall inform the institution about the date when the convicted person will report to it to start serving his term.The court shall send to the institution a copy of the verdict and the criminal record enclosed to the letter of confinement.The expenses under paragraph 2 of this article shall be covered by the court sending the person to serve his term.If a duly summoned convicted person has not reported to the institution, the court shall order for the convicted person to be brought under escort of the judicial police.If a convicted person is hiding or has escaped, the court shall issue a warrant for his arrest and shall forward it to the judicial police.When the convicted person has been apprehended he shall be brought under police escort to the institution.The costs incurred by bringing a convicted person in situations under paragraph 6 and 7 of this article shall be paid by the convicted person.Article 101
The commencement of serving the term shall be counted from the date when the convicted person reported to the institution or the date when he was brought to the institution by police.If an inmate escapes from prison, the period of escape shall not be counted into served term.In a case under paragraph 2 of this article the governor shall issue an order for an arrest warrant to be circulated in order to find and bring back the inmate.Article 102
If the convicted person who is being sent to serve his prison term has minor dependants or other dependants of whom he takes care, the court shall inform the competent social welfare authorities.
Article 103
A person whose sentence of imprisonment exceeds one year, whether the term was originally determined or it is the remainder of a term after deduction of pre-trial detention or earlier served term, shall be sent to the center for personality evaluation and determination of corrective training programmes.According to the results of the analysis and depending on the corrective training programme determined, the center under paragraph 1 shall assign the convicted person to a suitable institution.Article 104
As an exception, if required, the Minister may order for a particular convicted person to serve his prison term in particular prison or county prison regardless of the level of sentence or territorial jurisdiction of the institution.
Article 105
The institution shall inform the competent court and the Ministry of the Interior office about the date of beginning of imprisonment within eight days.
Postponement of the Execution of Sentence of Imprisonment
Article 106
1. At the request of convicted person, who is at liberty, postponement of the execution of sentence of imprisonment may be granted to him if:
he suffers from a serious disease,a convicted person’s family member has died or developed a serious disease,the postponement is required for the reason that works on the farm or seasonal works or works caused by an act of God or some accident have to be performed whereas the convicted person’s family has no other members of family fit for work,the convicted person is obliged to finish some job he has already begun whereas non-performance will bring about irreparable damage,the postponement is required for the reason that the convicted person will complete his schooling or take the examination he has been preparing,his/her spouse or other member of his/her household has been summoned to serve a sentence of imprisonment together with the convicted person or if they have been already serving their prison term,the convicted person is a woman pregnant for more than three months or the mother of a child under three years of age or a woman who have birth to a stillborn child less than six months ago or whose child has died in the period of six months,the wife of the convicted person is due in three months or gave birth less than six months ago and there are no other members of the household to help her.an application for the protection of the legality has been filed.2. The postponement under item 1 of paragraph 1 of this article may last as long as the disease lasts on condition that the decision shall be reviewed every three months, the postponement under items 2 through 4 of paragraph 1 of this article may last three months at the longest, the postponement under items 5, 6 and 8 of paragraph 1 of this article may last six months at the longest.
3. In a case of postponement under item 1 of paragraph 1 of this article the convicted person shall submit evidence of his health condition every three months.
4. In the cases under items 2, 3, 4, 5, 6 and 8 of paragraph 1 of this article, the postponement shall not be granted if it would bar the execution of sentence due to the statute of limitations.
5. The postponement under item 9 of paragraph 1 of this article shall be granted if the Chief Prosecutor requests so.
6. The total period of postponement shall not exceed 12 months except for the reasons set forth in items 1 and 7 of paragraph 1 of this article.
Article 107
The request for a postponement of the execution of sentence of imprisonment shall be filed within three days after the date when the letter of confinement is given to the convicted person. The execution of sentence shall be stayed until a finally binding decision on the request is issued.If the reasons for a postponement under items 1 and 2 of paragraph 1 of article 106 have arisen after the time limit of three days, the request may be filed until the date when the convicted person is to report to the institution.The request shall contain reasons and evidence of facts that substantiate the postponement.The request for a postponement of the execution of sentence of imprisonment shall be decided by the president of the court that is competent for the execution of sentence of imprisonment, who shall issue a decision within five days of the receipt of the request.Any request that has not been filed by the convicted person or has not been filed to meet the deadline shall be dismissed by the president of the court by issuing a decision (rješenje) on it.Article 108
A convicted person is entitled to file an appeal with the president of the competent county court against the decision dismissing or rejecting his request within three days after receipt of the decision.The appeal shall stay the execution.The president of the competent court shall issue a decision on the appeal under paragraph 1 of this article within five days of the receipt of the appeal and within three days after the issuance of decision he shall send it to the court responsible for the execution of sentence of imprisonment.No administrative dispute is allowed to contest the decision on appeal under preceding paragraph issued by the president of competent county court.Article 109
When the Chief Prosecutor requests a postponement of the execution of sentence of imprisonment by virtue of a statutory obligation, the competent court shall not summon the convicted person and if it has done so, it shall issue a decision on postponement of the execution of sentence of imprisonment.The court that is competent to review an extraordinary remedy may request the court in charge of the execution of sentence of imprisonment to postpone the execution of sentence of imprisonment until a decision on extraordinary remedy is issued.Admittance and Classification of Inmates
Article 110
A convicted person shall be admitted in an institution on the basis of the letter of confinement.While being received in the institution his identity shall be verified.The convicted person shall be sent to the ward for personality evaluation where his character is analysed and his corrective training programme is determined.A person having received a sentence of up to one year shall be kept in the center for personality evaluation /admittance ward for up to 15 days and a person having received a sentence of more than one year shall be kept there for 30 days maximum.Article 111
At the admittance all convicted person's money, valuables and other personal belongings, which an inmate is not allowed to possess in pursuance of the Prison Rules, shall be placed in a safe place and an inventory shall be made.The property under paragraph 1 of this article shall be returned to the convicted person when he is released or shall be given to his family with his consent.Article 112
In the admittance ward the convicted person shall be entered in the prison register (matična knjiga), a prison file (osobni list) shall be opened for him and his health condition shall be established.A person having received a sentence of more than six months shall be photographed.Article 113
The instructions on the prison register, the prison file and other records shall be enacted by the Minister.
Article 114
While serving his prison term any convicted person may be reclassified depending on the progress he has achieved in the correctional efforts (tretman) and reclassification shall be done every year.
B. POSITION OF PERSONS SERVING THEIR PRISON TERM
a) Accommodation, Food and Clothes
Article 115
Accommodation of inmates shall meet hygienic requirements and shall be suitable for the local weather.As a general rule, each inmate shall have a separate room for sleeping except in the event that accommodation in rooms shared by inmates is deemed to have particular advantages.When inmates share rooms the inmates shall be carefully chosen to be able to associate one with another in the given circumstances. At night supervision shall be carried on in accordance with the nature and type of the institution.Each inmate shall have a separate bed and bed linen.Article 116
The rooms where inmates are accommodated shall not be damp and shall be large enough to provide at least 8 cubic meters of room per an inmate.In all rooms where inmates live, windows shall be big enough to make working and reading possible in daylight under normal conditions, to let fresh air in, unless air-conditioners are installed.The artificial light shall conform to valid standard quality.The toilet facilities shall ensure meeting of physiological needs of inmates under clean and decent conditions, whenever they want to, and the bathroom facilities shall enable them to have a bath or shower with water of temperature suitable for the climatic conditions at intervals that enable normal personal hygiene, once a weak at least.Clean potable water shall always be available for inmates.All rooms of institution shall be duly maintained and cleaned.In women’s prisons, new mothers and mother who are allowed to feed their children shall be accommodate apart from other convicted women.Article 117
Institutions shall regularly control food, water, personal hygiene of inmates, hygiene of accommodation, clothes and linen, prison compound and other premises where inmates live and work.
Article 118
Adult inmates shall get food of the calorific value of 12,500 joules per day and juvenile inmates shall get food of the calorific value of at least 14,500 joules per day.Inmates shall be provided with food in three meals a day and it shall be prepared well and in a large variety.An inmate who does hard work shall get food of a higher calorific value.An ill inmate, a pregnant woman or new mother, before or after birth giving, shall get the food of the kind and in the amount determined by a doctor or other competent person.A doctor or other competent person shall check food every day before each meal as regards its quantity and quality and enter his findings in the logbook.Article 119
Inmates shall have a rest of eight consecutive hours in 24 hours and one day in a week.Inmates shall be allowed to spend at least two hours in the open air, unless otherwise provided in this law.Article 120
Inmates shall be provided with free underwear, clothes and footwear that are suitable for the climatic conditions and the season so that their health will not be harmed.The institution shall provide inmates with working clothes and suitable equipment, if the work requires so.Clothes of inmates shall be clean and in good shape. Underwear shall be changed and washed as often as necessary to ensure personal hygiene.The clothes that the institution provides for the inmates shall not be degrading or humiliating.The inmates who enjoy out of prison privileges may wear their own clothes that shall be in good shape.Article 121
The Minister shall enact the rules to govern in details the issues of food, clothes, footwear, and underwear of inmates.
Article 122
A shop selling food and toilet articles to inmates may be opened in the institution.If there is no shop in the institution, the governor shall provide the mentioned articles otherwise.b) Correspondence, Visits and Consignments
Article 123
Inmates are entitled to correspondence.In closed prisons or wards, correspondence shall be carried under supervision of the prison administration.The governor may prevent delivery of mail in a case under paragraph 2 of this article for security or correctional reasons, which the inmate shall be informed of.Article 124
Inmates are entitled to seek redress for violation of their rights and protection of their legitimate interests without supervision of prison administration, send submissions to competent authorities.The convicted persons who are aliens shall be informed about the right to get in touch with a diplomatic or consular official of the country whose citizens they are or a diplomatic or consular office of a foreign country representing the country whose citizens they are on condition that reciprocity shall be applied.An inmate shall send and receive submissions through the prison administration.The prison administration shall provide inmates with legal aid in order to take necessary actions to seek redress for violation of their rights and protection of their legitimate interests.An inmate is entitled to lodge a complaint in discretion with the governor about violation of his right and irregularities in the institution.The requests and complaints shall be decided without delay.If an inmate does not get an answer to his complaint within 15 days or if he is not satisfied with the answer he may lodge a petition with the Minister.An inmate is entitled to lodge a complaint about a violation of his right and irregularities in the institution with an authorized official of the Ministry carrying out supervision over the institution without the presence of members of prison staff.Article 125
Inmates are entitled to be visited by family members and, with the approval of the institution, by other individuals in pursuance of the Prison Rules.An inmate who is serving his prison term in closed prison or ward is entitled to one visit a month, an inmate who is serving his prison term in semi-open prison or ward is entitled to two visits a month and an inmate who is serving his prison term in open prison or ward is entitled to three visits a month.As an exception to paragraph 2 of this article, the governor may allow more frequent visits to a particular inmate.An inmate is entitled to one visit a month by his legal representative. The governor shall allow more frequent visits of the legal representative if his visits are related to deadlines or other urgent matters.If an inmate is an alien, a consular officer of the country whose citizen he is or a consular officer of a foreign country protecting interests of the country whose citizens he is, shall have the right to visit the inmate in pursuance of international law and international instruments on condition that reciprocity shall be applied and the visitor shall inform the institution where the alien is serving his prison term about the visit beforehand.During the visit a competent official may search the visitor if security reasons require so.The Prison Rules shall specify the time, manner and duration of visits to inmates and a visit shall not last shorter than 60 minutes.Article 126
Inmates are entitled to receive parcels.An inmate who is serving his prison term in closed prison or ward is entitled to one parcel a month, an inmate who is serving his prison term in semi-open prison or ward is entitled to two parcels a month and an inmate who is serving his prison term in open prison or ward is entitled to three parcels a month.The parcel shall be inspected in front of the inmate before delivery.Inmates are entitled to receive money by mail.c) Practising Religion
Article 127
If feasible, any inmate shall be allowed to practise his religion, attend religious rituals and events organized in the institution, to pray according to his religion and to read religious books.
Article 128
The institutions for the execution of criminal sanctions shall provide adequate rooms for religious rituals in agreement with the relevant priest.
Article 129
The Home Rules of institution shall determine the hours when the relevant priest comes to the institution, the place and hour of religious rituals, the manner of guarding inmates who attend the religious rituals and events, the hours and manner of visits paid by the priest to individual inmates and other issues relevant for the exercise of these rights.
d) Inmates’ Privileges
Article 130
Owing to an inmates good behaviour and dedication to work, he may be granted privileges by the governor or his designatee in order to maintain and improve relations with his family, to encourage him to participate in his own corrective training programme, to build his responsibility and self-respect, to make him fit for independent life in line with the legal system and civic responsibilities.The privileges may be regular and extraordinary.Regular privileges are:alleviation of the conditions in the institution,reduction of restriction of movement inside the institution,permission to go out of the institution frequently,transfer to another ward with milder regime of the execution of sentence of imprisonment.3. Extraordinary privileges are extra permissions to go out of the institution.
4. The convicted persons sent in prison before the verdict has become finally binding shall not enjoy privileges under paragraph 4, item 3 and paragraph 4 of this article.
Article 131
1. Regular privileges are as follows:
extended right to receive visitors,extended right to receive parcels,receiving visitors without supervision in the visitors’ room,receiving visitors without the presence of other inmates in a separate room,staying with spouse or cohabitee in a separate room,permission to go out of the institution freely,a visit to the family once a month for three days maximum,leave of absence for up to 7 days in a year,vacation outside the institution.Article 132
1. Extraordinary privileges are as follows:
attending the funeral of a family membervisits to a seriously ill family memberattending birth giving, baptising and wedding of a family memberappearance before court, administrative body or other agency in order to protect legal interests,in the event of acts of God.2. Extraordinary leaves of absence shall be granted for three consecutive days without counting time required for the journey, as a general rule, without supervision, and, exceptionally, with supervision, which shall be decided by the governor.
Article 133
Requirements to be met in order to get the privilege of leave of absence:
Regular leaves of absence shall be granted to a convicted person if he has served one third of a sentence of imprisonment of up to ten years, which he received by a finally binding decision.Regular leaves of absence shall be granted to a convicted person if he has served one half of a sentence of imprisonment of ten years, which he received by a finally binding decision.An opinion of the Ministry shall be asked for before leave of absence is granted to a convicted person who received a sentence of imprisonment of more than ten years.Article 134
Deciding Privileges
The governor shall decide on privileges on the basis of the assessment of progress made in the corrective training programme.While granting privileges the governor shall take into account the principle of individualization of the execution of punishment.The governor shall decide whether supervision, refunding of costs and inmate’s reporting to the competent police station (public security station) is needed.Article 135
The Minister shall enact detailed rules on privileges of inmates.
e) Inmates’ Work
Article 136
Work to be performed by inmates shall be assigned in accordance with needs of their corrective training, psychological and physical abilities, aptitudes, personal characteristics and achieved skills, possibilities of the institution and peace and order related requirements.In assigning work to inmates their preferences concerning the type of work shall be taken into account as well.Article 137
Work of inmates shall be organized and performed within economic departments, in plants and work places in and outside penitentiary compounds.With approval of the Minster, an institution may establish plants and work places outside its original location if the requirements for the execution of sentence of prison set forth in this law are met.Organization and methods of work performed in the economic departments should conform to modern labour standards and a state-of-the-art management of production.Article 138
Inmates may be employed outside the institution, in companies and other organizations, and the institution shall enter into contract with them to stipulate rights and obligations of contracting parties.
Article 139
Regular working hours of inmates shall be 40 hours a week.Exceptionally, working hours may be longer than 40 hours in cases and under conditions provided for by law.After working hours inmates shall be engaged in keeping cleanness of the institution and personal hygiene for two hours per day without remuneration.Working hours of inmates who attend school for general education and vocational training shall be curtailed by the governor.Article 140
The inmates who have been performing regular work for twelve consecutive months are entitled to leave of absence from work for at least 18 days in a year. As a general rule, the leave shall be spent in separate premises of the institution.The inmates who have not been performing regular work for twelve consecutive months, but at least six months, are entitled to leave of absence from work for 3 days for each second month of work.During the leave the inmates shall receive the same pay as if they had worked.The length and the time of the leave shall be regulated in the Prison Rules.Article 141
Inmates are entitled to the same social security scheme insuring them against an accident at work and an occupational disease under the same terms and conditions as employees in companies.Safety at work regulations shall be applied in pursuance of the generally applied legislation.Article 142
Inmates are entitled to remuneration for their work.The remuneration shall be determined at the level of at least 20 % of minimum wage in RS and remuneration for overtime and work at night shall be computed in pursuance of labour law legislation.The remuneration shall depend on the type of work, its quality and quantity, the length of working hours and contribution towards productivity and profitability of the business.An inmate shall receive bonus for his dedication to work.Remuneration and bonuses are not subject to taxation and statutory contributions.Article 143
An inmate may spend 70% of his remuneration to meet his personal needs and the reminder of 30% shall be deposited in a savings account payable on demand. At the inmate’s request, the savings may be made fixed-term deposits.At an inmate’s request, in justifiable cases, the governor may allow the inmate to take a portion of saving in order to pay maintenance of persons he is obliged to support by law.Article 144
The inmate who does not work and has not his own means at all shall receive the required articles to meet the most essential needs (toilet articles, article for correspondence and the like).The inmate who has developed an occupational disease in the institution is entitled to a benefit during the period of inability to work in pursuance of the health insurance legislation, unless the inmate has injured himself on purpose.Article 145
Inmates shall receive rewards for inventions and technical improvements they made during imprisonment in pursuance of generally applied legislation.Works of art and other handiwork an inmate produced in free time with his own means shall be his property.Article 146
The Minister shall enact the Prison Rules on Remuneration for Inmates’ Work.
Article 147
When, pursuant to labour legislation, the period of time spent in a post shall be considered the period of time spent in employment is necessary for the acquisition of particular qualifications, the period of time spent in an institution in the same post shall be recognized as such.
f) Health Care Provided for Inmates
Article 148
Any inmate shall be provided with free medical care, unless he has injured himself on purpose.Any inmate is entitled to dental treatment.As a general rule, false teeth shall be provided at the expense of the inmate, as provided for in the health care legislation.Orthopedic aids, glasses, hearing aid and other aids, shall be provided on proposal of the prison doctor and paid for in pursuance of the health care legislation.In the event that particular medical treatment is not available in the institution an ill inmate shall be sent to a special hospital or hospital in which the medical treatment is available.The time in hospital shall be counted in the term served.Article 149
An ill inmate is entitled to ask for a specialist doctor’s examination at his expense if the prison doctor has not decided on the examination.A regular medical check-up of convicted juveniles and junior adults shall be carried once a year.The governor shall decide about the approval of a specialist doctor’s examination, on proposal of prison doctor.Article 150
If an imamate refuses food or medical treatment and thereby endanger his own health, a necessary medical treatment may be employed even without his consent if the indications call for it.
Article 151
In the event of a serious disease of an inmate, if the inmate is not able to do so, the prison administration shall inform about it, without delay, the inmate’s spouse or another member of family the person earlier designated by the inmate.
Article 152
During pregnancy, after child birth and while having a baby, the female inmates shall enjoy the entitlement to be absent from work, as provided for in generally applied legislationIf a child was born in prison the fact shall not be noted in his birth certificate.A child shall stay with his mother until he/she turns one year, and afterwards, in agreement with the mother, he/she shall be handed over to the family or social welfare authorities competent in accordance with the place of temporary residence of the mother, if the permanent residence is unknown.Exceptionally, at the mother’s request and on proposal of the health care and correctional department, the governor may allow the child to stay with his mother until he/she turns three years.Article 153
In the event of the death of an inmate, the prison administration shall inform without delay the inmate’s spouse or another member of family, the court having issued the original decision and the registry office competent in accordance with the location of institution.The mortal remains of the inmate shall be delivered over to his family.If the family does not accept the mortal remains, the inmate shall be buried in the local cemetery at the expense of the institution.g) Pension and Disability Insurance of Inmates
Article 154
Any inmate shall be insured against disability and bodily injury caused in an accident at work or by an occupational disease, unless the inmate has injured himself on purpose.The rights under this article shall be exercises under conditions, to the extent, in the manner and the procedure provided for in generally applied legislation, unless otherwise determined in this law.Article 155
The rights arising from disability insurance shall be exercised from the date of inmate’s release, pardon or release on parole.Family pension shall be paid from the date of inmate’s death.Article 156
General and occupational education of the convicted persons shall be provided to juveniles who have not completed primary school and to those who have not completed secondary school, as required, in agreement with their correctional training programme.The Minister may designate one of institutions to serve for the implementation of general and occupational education of the convicted persons.Article 157
General and occupational education of convicted persons may be organized in cooperation with local schools.Institutions may organize special forms of occupational training (courses, workshops and the like) for convicted persons.Article 158
A penal and correctional institution – school shall organize primary and secondary school in pursuance of the primary and secondary education legislation if it is not in contravention of this law.The certificate of education shall not indicate that the primary and secondary education has been gained in a penal and correctional institution – school or other institution.Article 159
Any inmate shall be allowed to study part-time if it is determined in the corrective training programme.The costs incurred under paragraph 1 of this article shall be covered by the inmate.Article 160
Institutions shall ensure conditions under which inmates can spend their free time with the view of gaining and fulfilling their cultural, artistic and other needs as well as needs for sporting and other activities.In order to perform activities under paragraph 1 of this article inmates may establish sports, acting, literary, musical and other groups and hold performances and contests.Article 161
Every institution should have a library to be at disposal of all inmates.Inmates may read books and newspapers.Inmates may be allowed to use other mass media.h) Keeping Peace and Order
1. Disciplinary Responsibility and Liability
Article 162
Peace and order shall be kept in the interest of security of the institution, prescribed way of life in the community and the goals of correctional training.Inmates shall obey provisions of this law, the Book of Prison Rules and other regulations governing the execution of criminal sanctions and comply with legitimate orders given by prison staff.Article 163
An inmate may be subject to disciplinary sanctions for bahaviour in contravention of obligations under article 162 of this law.No collective punishment, corporal punishment, confinement in dark cells and cruel, inhumane or degrading punishment shall be applied as disciplinary sanctions.The Book of Prison Rules shall define in details what offences constitute disciplinary offences.Disciplinary offences are classified as minor and serious ones.An inmate shall be subject to disciplinary sanctions if, during imprisonment, commits another criminal offence punishable by a fine or sentence of imprisonment of up to one year.Article 164
1. Minor disciplinary offenses are as follows:
possession and use of medicaments without permission,unlawful possession and use of articles,giving articles to another person without permission,unwarranted use of other people’s things,staying in premises where staying is not scheduled at the moment,disorderly behaviour (shouting, playing radio or TV too loudly, bumping, throwing things and the like),insulting and rude behaviour,incitement of other inmates to commit minor disciplinary offences,making the premises dirty on purpose,unwarranted contacts with other people.Article 165
1. Serious disciplinary offenses are as follows:
taking part in a riot,escape or attempted escape from prison or while under police escort,leaving the institution without permission,violent bahaviour,keeping another person against his will,possession or using of dangerous things,denying a competent person or other authorized person’s access to the institutionassault and battery,endangering another person’s health,possession and use of alcohol and drugs,refusing to have drug and contagious disease tests,burning things on purpose and setting fire,obvious personal hygiene negligence,disobedience of legitimate orders given by prison staff,inexcusably delayed returns for more than 24 hours when going out,endangering another person’s health,damaging or destroying other people’s property on purpose,resisting a medical examination or measures of contagion prevention,incitement of other inmates to commit serious disciplinary offences,refusing to work,giving false information, which has brought about or might have brought about irreparable damage,instructing and inciting others to commit criminal offences,2. A serious disciplinary offence is any behaviour that constitutes a criminal offence that is prosecuted ex officio.
Article 166
1. Disciplinary sanctions are as follows:
admonition,revocation of privileges,solitary confinement.Article 167
A proposal for the institution of disciplinary proceedings against an inmate shall be submitted by the head of operational department of the institution (deputy governor) where the offence has been committed.A decision on the institution of disciplinary proceedings against an inmate shall be issued by the governor, starting the disciplinary proceedings thereby.The disciplinary committee, which shall be appointed by the governor, shall conduct the disciplinary proceedings.Article 168
Disciplinary proceedings are urgent proceedings and shall be conducted pursuant to the Criminal Procedure Code and the Prison Rules on Disciplinary Responsibility.During the proceedings the inmate shall be heard and witnesses may be heard, too. An opinion of competent officials involved in the implementation of correctional training shall be obtained, and also confrontation may be carried out. A record of proceeds shall be written down.On proposal of the committee, the governor shall pass disciplinary sanctions in a decision.An inmate is entitled to lodge an appeal against the disciplinary committee’s decision on a disciplinary sanction to the Ministry within 3 days counting from the date of receipt of decision.The appeal shall stay the execution.The Minister’s decision on the appeal is finally binding and no administrative dispute shall be brought.The Minister shall enact the Prison Rules on Disciplinary Responsibility.Article 168
Admonition shall be passed for minor disciplinary offence.Revocation of privileges shall be passed in cases when the disciplinary offence is not so serious to call for the sanction of solitary confinement.Article 170
The execution of a disciplinary sanction, except admonition, may be conditionally suspended for a period of up to six months if it is reasonably expected that the purpose of the sanction passed will be achieved even without execution.The conditional suspension shall be revoked if the inmate receiving the conditionally suspended sentence receives another disciplinary sentence within the period of suspension. In the event of revocation, a total sanction shall be passed and the previously passed sanction shall be considered determined.In the event of revocation of conditionally suspended sanction of solitary confinement, the total sanction shall not exceed 30 days.Article 171
The sanction of solitary confinement shall be passed only for the most serious disciplinary offences and shall not be passed before an opinion of the prison doctor is given about the inmate’s health.The sanction of solitary confinement shall not exceed 30 consecutive days.The total amount of time spent in the room where the sanction of solitary confinement is served by an inmate shall not exceed six months in a year.Article 172
While undergoing the sanction of solitary confinement, the inmate shall have adequate hygienic and medical conditions and, if required, books, textbooks and newspapers.The room where the sanction of solitary confinement is executed should have daylight adequate for reading, adequate ventilation, toilet facilities, potable water, a fitted bed with linen, a table and a chair, heating and 10 cubic meters of room.While undergoing the sanction of solitary confinement, the inmate shall be allowed to spend at least one hour a day in the open air.During the term of sanction of solitary confinement, the inmate shall be seen by the prison doctor every day, by the educator at least twice a week and by the governor once a week.Article 173
The sanction of solitary confinement may be terminated by the governor before the expiration of its term if during the term it is found that the purpose of the sanction passed has been achieved.The execution of the sanction of solitary confinement shall be terminated if it is found in a written medical opinion that further confinement will endanger health condition of the inmate.Article 174
An inmate shall be held liable for damage he caused on purpose or through gross negligence.The governor shall issue a decision on the payment of damages.The inmate may lodge an appeal against the decision on damages within eight days of the receipt of the decision. The Minister shall decide the appeal.The institution may claim damages before the competent court in an action for damages if the inmate refuses to pay.Article 175
A measure of solitary confinement may be ordered against the inmate who, owing to his behaviour, poses a serious threat to the security of others and property of the institution, which may last for up to six months.The inmate ordered to serve the measure of solitary confinement shall be kept apart form other prisoners.The decision on the measure of solitary confinement shall be passed by the Minister on proposal of the governor.Article 176
The execution of the measure of solitary confinement shall be terminated before the expiration of its term if it is found that the reasons for ordering it have ceased to exist or it is found in a medical opinion that further confinement will harm the inmate’s health.During the term of measure of solitary confinement the inmate shall be seen by the prison doctor and the educator every day and by the governor at least once a week.The inmate may lodge an appeal against the decision ordering the measure of solitary confinement with the Minister within eight days of the receipt of the decision.The decision on the appeal is finally binding and no administrative dispute shall be brought to contest it.Article 177
The Minister shall enact the Prison Rules on the Conditions and Manner of Execution of Sentence of Solitary Confinement and the Measure of Solitary Confinement.
Special Disciplinary Measures
Article 178
1. Special measures may be applied against an inmate, if there is a risk of his escape, violent behaviour towards others and property, suicide or self-inflicted injuries or violation of peace and order, and if it cannot be averted in some other way.
2. The special measures are as follows:
intensified supervision,taking away and keeping things that are usually allowed to possess,placement in a separate room free of dangerous items ,placement in a ward with the maximum security and intensified corrective training programme,handcuffing hands and, if necessary, feet,solitary confinement,testing for contagious diseases and narcotics.3. Several measures may be applied to one convicted person simultaneously.
4. Special measures and the use of the means of force do not constitute disciplinary sanctions.
Article 179
The special measures, except the one under article 178(2)(6), shall be ordered by the governor.In a case that does not allow delay, special measures may be ordered by another competent official person in advance designated by the governor, except the measure under article 178(2)(4) that shall be ordered only by the governor.The official who has ordered a special measure shall immediately inform the governor about it and the governor shall immediately confirm or revoke the measure.The governor shall inform the Ministry in writing about the ordered measures under article 178(2) items (3)(4)(5) and (7) of this law within 48 hours.Special measures shall not be applied longer than necessary.Article 180
Intensified supervision shall involve frequent observation and control of inmates at nigh and day and shall be enforced in the way that does not disturb everyday activities of other inmates.Taking away and keeping things that are usually allowed to possess shall be enforced temporarily while the reasons under article 178(2)(2) of this law exist.Placement in a separate room free of dangerous items shall last consecutive 48 hours at the longest. A doctor’s opinion of the health condition of the inmate, who is placed in a separate room, shall be obtained within six hours counting from the moment of placement at the latest. This measure shall be accompanied by the special measure of intensified supervision. The doctor shall visit the inmate at least once in 24 hours.Placement in a ward with the maximum security and intensified corrective training programme shall be ordered only in a closed prison. The measure shall be reviewed every three months.The measure of handcuffing shall be exclusively applied for the restriction of movement and shall last twelve hours in 24 hours at the longest.In the event of suspecting a contagious disease or enjoyment of narcotics, a blood and urine tests of inmates are allowed.l) The Means of Force
Article 181
The means of force may be used against an inmate when it is necessary to prevent: escape, physical assault against an employee of the institution, another inmate or another person, infliction of injurious upon others, self-inflicted injuries and material damage caused on purpose, and when it is necessary to prevent or suppress an active or passive resistance of an inmate.An active resistance exists when an inmate is not complying with a legitimate order of the competent official and endangering himself, other persons or property of significant value.A passive resistance exists when an inmate is not complying with a legitimate order of the competent official without endangering himself, other persons or property of significant value.Article 182
The means of force are as follows:fighting skills necessary for arrest and defencetying,physical force,baton,hoses,chemical stuff,firearms.A means of force that is the least harmful for the health and life of an individual shall be chosen from these means of force, the one that successfully suppress the resistance and is commensurate with the posed danger.An individual against whom the means of force is about to be used shall be orally and clearly warned about it, unless it is an instant and imminent unlawful attack.In order to suppress a passive resistance the competent person shall use only fighting skills necessary for arrest and defence.The means of force under paragraph 1 of this article shall be applied only under conditions under articles 181 and 183(1) of this law.The use of the means of force under paragraph 1, items 5, 6 and 7 of this article shall be ordered only by the governor.The means of force under paragraph 1, item 7 of this article may be, exceptionally applied by a competent official, at his discretion, in a case under articles 181 and 183(1) of this law.The governor shall inform the Ministry in writing about the use of means of force under paragraph 1, items 3, 4, 5, 6 and 7 of this law within 48 hours.Detailed rules on the manner of use of means of force shall be enacted by the Minister.Firearms
Article 183
Firearms shall be used only:if an instant and imminent unlawful attack endangering the life of inmates, prison staff or other persons happen to be in the prison cannot be averted by other means of force,in order to prevent inmates from escaping from prison while they are climbing over the fencing wall and the escape cannot be prevented by other means,in order to prevent inmates from escaping while escorted by police if the escape cannot be prevented by other means, and if the person escaping is an inmate sentenced to five years of imprisonment or if the person escaping is a detainee against whom there is criminal proceedings for a criminal offence punishable by 10 or more years of imprisonment.A prison guard shall warn the inmate about the use of firearms under paragraph 1, item 2 of this article, then he shall fire a warning bullet and then he shall use the firearms trying not to hit vital parts of the inmate.A prison guard shall not use firearms if the use will jeopardise lives of others.Actions during an Escape
Article 184
In order to catch a person having escaped while under police escort, a judicial police officer may enter somebody else’s department or other premises without search warrant and, if needed, conduct a search that is necessary for finding the escapee.A judicial police officer has the right to take any vehicle or means of communication he can get hold of at the moment, in order to apprehend the escapee under paragraph 1 of this article or in order to transport any person wounded in the circumstances to the nearest hospital.A judicial police officer shall issue a receipt for the vehicle or means of communication under preceding paragraph to their owners so that they can be refunded for the costs incurred and damage caused.Article 185
In case of escape of an inmate the institution shall immediately inform the judicial police in order to take steps to find, catch and bring him to the institution.Any leaving the institution that lasts longer than 24 hours shall be considered an escape.The governor shall immediately inform the Ministry about any escape.The governor shall issue an order for an arrest warrant to be circulated in order to find and bring back the inmate into the institution.Article 186
In case of a serious disturbance of peace and order, the governor shall inform the competent law enforcement agency and shall seek help in restoring peace and order.
Transfer of Inmates
Article 187
After an inmate has served one third of his term, at the request of inmate or on the proposal of governor, a transfer of the inmate to another institution may be granted, and the decision shall be made by the Ministry.Transfer of inmates from one type of institution to another (reclassification) shall be done by the Ministry on the proposal of governor.If reasons of security or organizational reasons of the execution of sentence of imprisonment requires so, the Ministry may transfer an inmate to another institution ex officio even when requirements under paragraph 1 of this article have not been met.Transfer of inmates from one department to another within the institution shall be done by the governor.If the request of inmate or the proposal of governor was rejected, a new appeal or proposal may be lodged after the lapse of six months, counting from the date of issuance of the decision at the request of inmate or the proposal of governor, if the prison term exceeds one year and after the lapse of three months, if the prison term does not exceed one year.Interruption of Imprisonment
Article 188
1.An inmate may be allowed to interrupt the imprisonment.
if he suffers from a serious disease,if a convicted person’s family member has died or developed a serious disease,if the postponement is required for the reason that works on the farm or seasonal works or works caused by an act of God or some accident have to be done whereas the convicted person’s family has no other members of family fit for work,if the postponement is required for the reason that the convicted person will complete his schooling or take the examination he has been preparing,in the event that his pre-trial detention for another criminal offence is ordered,in the event that he has received the security measure of obligatory psychiatric treatment and confinement in mental institution,at the request of Chief Prosecutor, if an application for the protection of the legality has been filed.2. The governor shall decide on the interruption of imprisonment in cases under paragraph 1, items 1 through 4, of this article.
3. An appeal against the decision is allowed to be lodged with the Ministry within eight days of the receipt of the decision.
4. The request for an interruption of imprisonment in cases under paragraph 1, items 5 through 7, of this article shall be decided by the court which has ordered pre-trial detention, the security measure or passed the sentence of imprisonment, as appropriate.
5. The inmate may lodge an appeal against the decision with the appeal court within eight days of the receipt of the decision.
6. The interruption under item 1 of paragraph 1 of this article may last as long as the disease lasts on condition that the decision shall be reviewed every three months, the interruption under items 2 through 4 of paragraph 1 of this article may last three months at the longest.
7. The interruption ordered for reasons under item 5 of paragraph 1 of this article shall last until pre-trial detention has been terminated and the interruption ordered for reasons under item 6 of paragraph 1 of this article shall last until release from the mental institution.
8. The time of the interruption of imprisonment shall not be counted in the term served.
9. The total time of the interruption of imprisonment under paragraph 1, items 2 through 4, of this article shall not exceed 12 months.
Article 189
If the convicted person fails to report for the continuation of imprisonment after the expiration of interruption, the governor shall issue an order for an arrest warrant to be circulated in order to find and bring back the inmate.If during the interruption of imprisonment it has been established that the circumstances over which the interruption of imprisonment was allowed have ceased to exist or that the interruption of imprisonment was granted on grounds of false documents or other false evidence or that the suspension of imprisonment is not serving the purpose for which it was granted, the decision under article 59 of this law shall be revoked and the convicted person shall be ordered to report for the continuation of imprisonment immediately or within three days of the receipt of the decision at the latest.If the convicted person fails to report for the continuation of imprisonment, the institution shall proceed in pursuance of paragraph 1 of this law.Release on Parole
Article 190
The Commission for Release on Parole established by RS Government shall decide release on parole.The Commission shall be composed of three members: the relevant high official in the Ministry and a judge of the Supreme Court, as standing members, and the governor whose proposals are being decided, as an ad hoc member.The Commission shall enact the Rules of Procedure to regulate in details the work of the Commission and other decision-making issues.Article 191
Release on parole shall be decided on the basis of a proposal of the governor or at the request lodged by an inmate.The institution shall enclose with the proposal or inmate’s request information about the progress in inmate’s corrective training and other pieces of information relevant to the Commission’s decision, as well as an opinion about grounds for release on parole.The decision shall be sent to the inmate, the institution from which he is being released and the court that sent the inmate to serve the prison term.If the request or proposal is rejected, the decision shall cite the reasons for it and shall be submitted to the applicant or proposer.No appeal is allowed against the decision of the Commissions nor shall any administrative dispute be brought to contest it.Article 192
The Governor may release an inmate on parole who is serving his prison term of up to four months or whose remainder of the term does not exceed four months and who is of exemplary behaviour and dedicated to work and actively participate in his corrective training programme.
Article 193
The Commission shall revoke the decision on release on parole if the inmate receives a sentence of solitary confinement or if he has escaped in the period from the passing the decision to the date of release.Any inmate released on parole shall not exercise the rights provided for in this law.Release from Prison
Article 194
An inmate shall be released form prison on the date when the term of sentence has expired.If the last day of the term of sentence falls on a holiday the inmate shall be released on the preceding working day.An inmate who is serving prison term in substation of a fine shall be released in pursuance of paragraph 1 of this article.The inmate shall be relived from any work at least three days before the release in order to get ready for release from prison.Before the release from prison the inmate shall be examined by the doctor.Any inmate being released is entitled to have costs of transport to his temporary or permanent residence paid and if the inmate is a foreigner it shall apply to costs of transport to a border crossing.The institution from which the inmate has been released shall pay the costs.Article 195
If an inmate being released is seriously ill and in no condition to travel, the institution shall place him in the nearest hospital for treatment.The institution shall cover the costs of treatment in the first 30 days and provisions of health care legislation shall be applied afterwards.Article 196
When an inmate is released from prison, he shall be given the release paper, which shall indicate, besides other details, the time of release and the time line for the inmate to report to law enforcement agency in the place of his temporary or permanent residence.The release paper serves as identification of the inmate until he comes to the place of his temporary or permanent residence.Article 197
When an inmate is released from prison, he shall be given all belongings that have been kept in the institution, his savings and money he has received during imprisonment.If an inmate being released has not his own underwear, cloths and shoes nor has any money to buy them, the institution shall provide him with underwear, cloths and shoes and pecuniary aid as well, as required.The institution shall inform the court having issued the original decision, the court having sent him to serve prison term and the competent law enforcement agency that the convicted person was released from prison.Article 198
Provisions of articles 194 through 197 shall be accordingly applied to an inmate who is released on parole.
Assistance after the Release of Convicted Person from Prison
Article 199
If after release from prison an inmate needs assistance from the community, the institution shall inform about it the social welfare authorities in the territory of his permanent or temporary residence in a timely fashion.The competent social welfare authorities shall render necessary assistance to inmates having been released from prison to easier rehabilitate in the community.Section V
SPECIAL PROVISIONS ON JUVENILE IMPRISONMENT
Article 200
Provisions of this law shall apply to the execution of juvenile imprisonment unless otherwise provided in articles 200 through 205 of this law.
Article 201
The sentence of juvenile imprisonment is imposed on senior juveniles in special institutions for juveniles or separate juvenile wards in prisons, where they can stay until they reach twenty-three. If until that time they do not complete serving the sentence, they shall be sent to prison for adults.As an exception to paragraph 1 of this article, a person who is twenty three can stay in prison for juveniles or a separate juvenile ward in a prison, but only for as long as it is necessary for completion of his schooling or training and until he turns 25 at the latest.Convicted juveniles shall have premises separated from convicted adults, if they serve prison term in a separate juvenile ward in prison.Article 202
The particular type of work and education shall be determined for each convicted juvenile in accordance with the programme of his corrective training.
Article 203
The governor may give leave of absence to a juvenile inmate to visit his parents and other members of family twice a year at the most. As a general rule, the leave shall be granted in the period when he has not classes and it may last up to 24 days.
Article 204
Juvenile inmates shall be provided with food that is prepared well and in a large variety to sustain good health and development of juveniles in pursuance of paragraph 1 of article 118 of this law.Juvenile inmates shall be allowed to spend at least three hours of free time in the open air.Conditions for physical education and sporting activities shall be ensured for juvenile inmates.Article 205
A sanction of solitary confinement lasting less than 10 days may be passed on a juvenile inmate.A measure of solitary confinement shall not be passed on a juvenile inmate.Section VI
COLLECTION OF FINES
Article 206
If a convicted person fails to pay the fine, forced sale shall be carried on.The costs of forced sale shall be paid by the convicted person.Article 207
The proceedings for fine collection shall be instituted by the court having passed the original decision.Provisions of the Law on Enforcement Procedure shall be applied to the issue of court’s jurisdiction and the procedure for forced sale, unless this law provides otherwise.Article 208
The subject of forced sale for fine collection shall be primarily personal property of the convicted person. If the personal property does not suffice, the subject of forced sale for fine collection shall be real property of the convicted person which is not exempted from forced sale in pursuance of provisions of the Law on Enforcement Procedure.
Article 209
If collection of a fine and costs of criminal proceedings is simultaneously carried on through forced sale, the costs of criminal proceedings shall have priority.
Article 210
If, due to collection of a fine through forced sale, the property has shrunk so much that it cannot cover the awarded property claim of the injured party, the claim shall be satisfied from the collected fine in the amount of the fine itself at the most.
Article 211
Sentence of Imprisonment Substituted for a Fine
If a fine was not collectible in whole or partially in forced sale, the enforcing court shall inform the court having passed the fine about it.The fine shall be replaced by a sentence of imprisonment in pursuance of paragraph 3 of article 37 of the RS Criminal Code and the convicted person whose fine has been replaced with a sentence of imprisonment shall have the same treatment as a person serving sentence of imprisonment passed in minor offences proceedings.Section VII
EXECUTION OF THE ORDER FOR PREVENTIVE SUPERVISION PASSED TOGETHER WITH SUSPENDED SENTENCE
Bodies in Charge of the Execution of the Order for Preventive Supervision
Article 212
Preventive supervision shall be carried out by the social welfare authorities competent according to the temporary or permanent residence of the convicted person.
The social welfare authorities shall develop an action plan on the enforcement of preventive supervision.
Article 213
The costs of preventive supervision shall be paid by the authorities that enforce it, unless otherwise provided by law.
Procedure of the Execution of the Order for Preventive Supervision
Article 214
The social welfare authorities shall co-operate with the convicted person’s family with the view of straightening their domestic circumstances out.
Article 215
The social welfare authorities shall inform the court about the results of supervision at least every six months or at the request of the court.
Article 216
If the convicted person fails to accept the preventive supervision, the social welfare authorities shall inform the court having ordered the preventive supervision about it.When, in the course of preventive supervision, the social welfare authorities assess that the purpose of this measure has been achieved, they shall inform the court having ordered the measure about it.Supervision over the enforcement of preventive supervision shall be carried out by the court having ordered the measure.Section VIII
EXECUTION OF SECURITY MEASURES
Obligatory Psychiatric Treatment and Confinement in Mental Institution
Article 217
The measure of obligatory psychiatric treatment and confinement in a mental institution shall be executed in a special medical institution established exclusively for that purpose or in a separate ward of a medical institution (hereinafter: the separate ward).The special medical institution shall be established and dissolved in pursuance of law.The Ministry of Health shall determine in which medical institutions the separate wards for the execution of obligatory psychiatric treatment and confinement in a mental institution shall be established.Article 218
When the measure of obligatory psychiatric treatment and confinement in a mental institution was passed on a person together with a sentence of imprisonment, the person shall be first sent to undergo the security measure.When the treatment has been completed the sentenced person, whose prison term has not expired yet, shall be sent to prison.When the court decides to send a sentenced person to serve the reminder of his term, the judicial police shall take him to prison.Article 219
A person who was ordered to undergo obligatory psychiatric treatment and confinement in a mental institution shall be brought to a medical institution by a health worker designated by the court competent for the execution of the measure. Id security reasons require it, the judicial police shall bring him to the medical institution.If the person under paragraph 1 of this article is in pre-trial detention, he shall be brought to a special hospital by security guards of the institution he is detained in.The costs of bringing a person into the institution for the execution of the measure of obligatory psychiatric treatment and confinement in a mental institution shall be paid by the court having passed the security measure.Article 220
The special hospital to which a person was sent for obligatory psychiatric treatment and confinement in a mental institution shall inform the court having ordered the measure about the health condition of the person at least once a year.When the special hospital assesses that the need for psychiatric treatment of the person and confinement in a mental institution ceased to exist, it may propose to the competent court the termination of the ordered measure or passing on the person the measure of obligatory treatment at liberty.Obligatory Psychiatric Treatment Without Confinement
Article 221
The measure of obligatory psychiatric treatment without confinement shall be executed in a medical institution designated by the court.
Article 222
The medical institution to which the person has been sent for obligatory psychiatric treatment without confinement shall inform the court having ordered the measure about the health condition and the progress of medical treatment of the person at least every six months.The medical institution to which the person has been sent for obligatory psychiatric treatment without confinement may propose to the competent court to replace the measure of obligatory psychiatric treatment without confinement with the measure of obligatory psychiatric treatment and confinement in a mental institution.The medical institution shall inform the competent court if the convicted person fails to undergo the treatment for no justifiable reasons or quits the treatment arbitrarely.Treatment of Alcohol and Drug Addiction
Article 223
The measure of obligatory treatment of alcohol and drug addiction ordered together with a sentence of imprisonment shall be executed in a special hospital or prison and the measure of obligatory treatment of alcohol and drug addiction ordered together with a suspended sentence or a fine shall be executed in the medical institution designated by the court having ordered the measure.When the measure of obligatory treatment of alcohol and drug addiction is ordered together with a sentence of imprisonment, the convicted person shall be sent first to a special hospital or prison to undergo the ordered measure.Article 224
The medical institution executing the measure of obligatory treatment of alcohol and drug addiction shall inform the competent court about the health condition of the convicted person and the progress in treatment every six months.When the treatment undertaken in the execution of the measure of obligatory treatment of alcohol and drug addiction is completed, the medical institution executing the measure shall inform about it the court having passed the measure.The convicted person, whose prison tem has not expired with the termination of the security measure, shall be sent to serve the reminder of his prison term.The time spent in the medical institution executing the measure of obligatory treatment of alcohol and drug addiction shall be deducted from the convicted person’s prison term.Article 225
If the offender fails to report to the particular medical institution where he has been sent for the execution of obligatory treatment of alcohol and drug addiction or if he is hiding or has escaped, actions under article 219 of this law shall be taken.When the court decides to send a convicted person to serve the reminder of his prison term, the judicial police shall bring him to a penitentiary institution.Ban on Carrying on a Particular Occupation, Activity or Duty
Article 226
Any finally binding decision on the ban on carrying out a particular occupation, activity or duty shall be forwarded by the court of first instance to the company or organization where the convicted person is in employment, to the body in charge of giving licence for carrying on the particular occupation or self-employment and the competent inspector.The decision under preceding paragraph shall be forwarded to the law enforcement agency competent in accordance to the place of temporary or permanent residence in order to enter it in the criminal record and other records.If the convicted person having received the sanction under preceding paragraph changes his temporary or permanent residence before the term of this sanction has expired, he shall inform the Ministry of the Interior thereof.Article 227
When carrying out a particular occupation, activity or duty implies having a licence for it from the competent body, this sanction shall be enforced by revoking the licence or by banning its issuance.Labour inspectors shall enforce the sanction by taking actions to prevent the convicted person from carrying on the particular occupation, activity or duty.The labour inspectors shall inform the court having issued the decision about the actions they have taken.Revocation of Driving Licence
Article 228
The court of first instance shall forward any finally binding decision on the ban on driving a motor vehicle to the law enforcement agency competent in accordance to the place of temporary or permanent residence in order to enforce it.
Article 229
The sanction of revocation of driving licence shall be enforced by writing down the revocation in the driving licence for the class of vehicles for which it is revoked or by writing down the ban on its issuance to the convicted person for the period the ban on driving a motor vehicle is passed.
Article 230
The sanction of the ban on driving a motor vehicle shall be entered in the criminal record and other records of the competent law enforcement agency.
Article 231
The law enforcement agency that confiscated a driving licence in order to write down the ban in it and has not returned it shall inform the law enforcement agency that issued the licence about it.
Article 232
If the convicted person having received the sanction of the ban on driving a motor vehicle changes his temporary or permanent residence before the term of this sanction has expired, the law enforcement agency under article 228 of this law shall inform the law enforcement agency in the new place of temporary or permanent residence about it.
Article 233
The sanction of revocation of a foreign driving licence shall be enforced by writing down the revocation in the driving licence for the class of vehicle for which it is revoked in the territory of Republika Srpska for the period the ban on driving a motor vehicle is passed.The sanction shall be enforced by the law enforcement agency that is competent in accordance to the location of the court having passed the sanction.Criminal Forfeiture
Article 234
The sanction of forfeiture of property used or intended for the use in the commission of a criminal offence shall be enforced by the court having issued the original devision.According to the nature of property the court shall decide whether the property will be sold under the provisions applicable to judicial enforcement procedure, turned over to a state body, a museum, a scientific or charity institution, or destroyed or be disposed of in pursuance of specific legislation..
Article 235
The proceeds obtained from the sale of such property shall be paid into the budget of Republika Srpska.
Extradition from the Country
Article 236
The court that has issued a decision ordering the security measure of extradition of an alien from the country shall forward the decision for enforcement to the competent law enforcement agency which is in the jurisdiction of the court having issued the decision.The sanction under paragraph 1 of this article shall be enforced in pursuance of the law governing the matter of movement and stay of aliens in the country.Section IX
EXECUTION OF CORRECTIONAL MEASURES
General Provisions
Article 237
This law shall also apply to juvenile offenders who have received a corrective measure, unless provisions of articles 237 through 283 determine otherwise.This law shall also apply to junior adults, who have received a corrective measure, and the persons who have become of age during the execution of correctional measure, unless provisions of articles 237 through 283 determine otherwise.Article 238
The purpose of the execution of correctional measures is to ensure correction of juvenile offenders’ socially unacceptable habits, attitudes and opinions and proper development of their character through protection, supervision, education and correction of behaviour.In the execution of correctional measures juvenile offenders shall be treated in the manner fit for their age, the level of mental development, personal characteristics and aptitudes.The juveniles shall be provided with general and vocational education.Article 239
The costs of accommodation and food that juveniles, who are placed with a foster family, disciplinary center, educational institution, corrective training institution, and rehabilitation institution, may be fully or partially paid by parents or guardian, i.e. the persons who are legally obliged to maintain a minor, to the family or institution where the juveniles are placed.The amount of costs under paragraph 1 of this article shall be determined by the court having ordered the correctional measure.If it will take a long time for the court to ascertain what financial condition of the persons who are legally obliged to maintain the minor or the minor’s financial condition in order to determine the portion to be paid in pursuance of paragraph 1 of this article, the court shall pass the correctional measure and only then resume the proceeding of determining the portion to be paid.At the proposal of the social welfare authority, parents or guardian or a person who is legally obliged to maintain the minor, or on its own accord, during the term of correctional measure and if circumstances have change, the court may decide to revise the decision on the portion to be paid in pursuance of paragraph 1 of this article.Article 240
The court having issued the original decision on the correctional measure shall forward the finally binding decision to the competent social welfare authority competent according to the juvenile’s residence to proceed with sending the juvenile to the institution.The court shall enclose with the finally binding decision all pieces of information about the juvenile’s character gathered in the criminal proceedings, which are relevant to the proper execution of correctional measure, the following in particular: birth certificate, certificate of completed class or placement certificate, medical certificate, criminal record, social worker and psychologist’s opinions and findings and the like, and send them to the court in charge of the execution.Article 241
If the execution of correctional measure has not started within 30 days, the social welfare authority shall inform the court about the reasons hindering the execution of correctional measure.
Article 242
When the correctional measure of sending a juvenile to disciplinary center or a detention measure have been ordered, the social welfare authority shall inform his parents or guardian, the disciplinary center or the institution where the juveniles will be placed about the date of commencement of the execution of correctional measure.The social welfare authority shall enclose with the decision all pieces of information gathered, which are relevant to the right determination of corrective training program for the juvenile and send them to the disciplinary center or the institution where the juveniles will be placed.Sending a Juvenile to Disciplinary Center
Article 243
A disciplinary centre shall be established by the RS Government on the proposal of the Ministry of Justice and the Minister of Health, Labour and Social Welfare.
Article 244
A parent or guardian is obliged to ensure the juvenile’s regular attendance in the centre. If the juvenile does not report to the disciplinary centre or stops coming regularly, the disciplinary centre shall inform the court and social welfare authority about it.
Article 245
The correctional measure of sending a juvenile to disciplinary centre shall be enforced in the way that the juvenile shall spend a number of hours a day between 8.00 and 20.00 hours, in his spare time, in the disciplinary centre.A juvenile, who has been ordered to spend a number of whole days in the disciplinary centre, shall continue attending school or going to work and accommodation and food shall be provided for him in the disciplinary centre.Article 246
A log book shall be kept in the disciplinary centre.After having completed the enforcement of the measure, the disciplinary centre shall make a report for the court and social welfare authority about the influence the taken action have had on the juvenile and the progress achieved in the corrective training.When the court decides that, after having completed the measure of sending a juvenile to disciplinary centre, the juvenile shall be placed under intensified supervision by social welfare authority, the disciplinary centre shall enclose with the report under paragraph 2 of this article an opinion of juvenile experts of the juvenile’s character and the progress achieved in the corrective training.Supervision over the enforcement of the security measure of sending a juvenile to disciplinary centre shall be carried on by the court having ordered the measure and the ministry in charge of social welfare.MEASURES OF INTENSIFIED SUPERVISION
Intensified Supervision by Parents or Guardian
Article 247
The enforcement of the measure of intensified supervision by parents or guardian shall commence on the date when the parents or guardian are served with the decision on the measure.
Article 248
The parents or guardian shall pay constant attention and care to the juvenile’s upbringing, comply with the court’s orders and instructions and take steps to prevent bad influences on the juvenile.The parents or guardian shall enable the competent social welfare authority to carry on supervision over the execution of this measure.The social welfare authority shall inform the court without delay about the state of affairs and reasons hindering the execution of correctional measure of intensified supervision by parents or guardian.Article 249
The parents or guardian and social welfare authority shall inform the court about the course of enforcement of the execution of correctional measure of intensified supervision by parents or guardian at intervals determined by the court, at least every six months.If in the course of enforcement of the execution of correctional measure of intensified supervision by parents or guardian some disagreement arises between the parents or guardian and social welfare authority, the dispute about the manner of enforcement of the measure shall be decided by the court having ordered the measure.Intensified Supervision by Foster Family
Article 250
The court shall select a foster family on the basis of analysis of the juvenile’s character and socio-psychological characteristics of the family with the view of proper correction and development of the juvenile.
Article 251
The competent social welfare authority and the foster family shall enter into a contact to stipulate mutual rights and obligations.
Article 252
During the enforcement of measure of intensified supervision by foster family, the juvenile is allowed to keep in touch with his family unless the court decides otherwise on the proposal of the competent family.
Article 253
Provisions of articles 247 through 249 of this law shall apply accordingly to the enforcement of measure of intensified supervision by foster family.
Intensified Supervision by Social Welfare Authority
Article 254
Upon receipt of the decision on the correctional measure of intensified supervision by social welfare authority, the social welfare authority shall appoint an official person who shall enforce the measure and inform the court about it.The official person shall take care of the juvenile’s schooling, employment, and exclusion from the environment that exert bad influence upon him, necessary medical treatment and sorting out circumstances surrounding the juvenile.The social welfare authority shall make an action plan for correction of the juvenile. The action plan shall particularly include assignments of the official person and obligations of the juvenile and his parents or guardian.The official person shall communicate with the juvenile through conversations, visits, checking him and other convenient ways at least one a week.During the enforcement of measure of intensified supervision by social welfare authority, judicial authorities, educational, correctional and other organization shall render assistance to the social welfare authority.The parents or guardian shall inform the official person in the social welfare authority in charge of the enforcement of measure of intensified supervision by social welfare authority about any relations or circumstances that affect the enforcement in a negative fashion.Article 255
The provision of article 253 of this law shall apply accordingly to the enforcement of measure of intensified supervision by social welfare authority.
INSTITUTIONAL MEASURES (DETENTION ORDERS)
General Provisions
Article 256
Detention correctional measures shall be executed in correctional institutions, corrective training institutions and special institutions.
Article 257
A social welfare authority shall send a juvenile, who has received a detention order, to an institution where detention orders are executed unless the parents or guardian have committed to bring the juvenile.The institution where detention orders are executed shall inform the court and the social welfare authority about the admittance of the juvenile and the date of commencement of execution of the order.Article 258
If the execution of detention order cannot start or resume because the juvenile is in escape or refuses to comply with the detention order, the social welfare authority shall immediately inform the court having issued the original detention order and the law enforcement agency competent according to the place of residence of the juvenile.
Article 259
The execution of detention order may be postponed at the request of juvenile, his parents or guardian or the social welfare authority in the manner and under conditions prescribed in article 107 of this law.The court shall decide on the postponement of execution of detention order.An appeal is allowed against a decision rejecting the request for postponement of execution of detention order and shall be lodged with the higher court within three days counting from the receipt of the decision.The juvenile appellate panel of the immediate higher court shall decide the appeal within three days counting from the receipt of the appeal.Article 260
At the request of juvenile, his parents or guardian, the social welfare authority or the governor of the institution where the detention order is executed, the court having issued the original detention order may allow an interruption of the execution over especially justifiable reasons for a period of up to three months.The interruption shall also be allowed at the request of Chief Prosecutor, if an application for the protection of the legality has been filed.The execution of detention order shall be interrupted when a pregnant or new mother juvenile has accommodation, support and care for her and the child ensured, and the interruption may last until the child has turned three at the longest. Then, on the proposal of social welfare authority, the court under paragraph 1 of this article shall decide whether further detention is necessary.The time of the interruption shall not be counted in the term of executed order.Article 261
At the request of a juvenile, his parents or guardian, the institution where the detention order is executed or the social welfare authority, the court having issued the original detention order may transfer the juvenile to another institution.
Article 262
Any juvenile, his parents or guardian and the social welfare authority shall be informed about the expiry of detention order and shall take part in preparations for his release from the institution where the execution of detention order has been completed.
Article 263
The social welfare authority shall render assistance to any juvenile after his release as long as needed.Upon a juvenile’s release, the competent social welfare authorities shall take special care if the juvenile is parentless or if his family circumstances are straitened and, if required, shall provide him with temporary accommodation and food, clothes and footwear, medical treatment, electing suitable community, completing schooling and finding employment.Sending A Person to an Educational Institution
Article 264
The correctional measure of confinement in an educational institution shall be executed in a social welfare educational institution for children and youth (a children’s home).
Article 265
A juvenile who has received the correctional measure of placement into an educational institution, shall receive special care and supervision in the manner that will not discriminate him from other inmates in the institution.Only the governor and the teacher who is in charge of the juvenile shall know that juvenile has received the correctional measure of placement into an educational institution.Article 266
The educational institution shall inform the court and social welfare authority about the progress in the execution of the correctional measure at least every six months or at the request of these bodies.
Sending a Person to a Corrective Training Home
Article 267
The court having issued the measure of confinement in corrective training institution shall summon the juvenile to report to the particular corrective training institution. The date shall be assigned so that the juvenile shall have minimum eight days before he reports to the institution.If a duly summoned juvenile fails to report to the institution, the court shall issue an order for the juvenile to be apprehended and brought under police escort and forward the order to the law enforcement agency.If a juvenile is hiding or has escaped, the court having issued the original decision on the measure of confinement in corrective training institution shall order for a warrant for his arrest to be issued and shall forward it to the competent law enforcement agency for enforcement.If a juvenile has escaped from the corrective training institution, it is the governor who shall order for a warrant for his arrest to be issued.Bringing a juvenile under police escort into the institution in the cases under paragraphs 2 through 4 shall be carried out in the way that does not harm his reputation and interests.The costs of bringing a juvenile into a corrective training institution shall be paid by the institution.Article 268
Upon the admittance of a juvenile in a corrective training institution, an evaluation of the juvenile’s personality from the social, medical, psychological and pedagogical points of view shall be carried on, and the analysing shall not take more than 30 days.Any corrective training institution shall ensure conditions under which juveniles can:actively participate in educational and collective work in order to attain or develop positive personal characteristics and accepted values,receive practical training and occupational education,spend their free time occupied with different activities (cultural, amusing, sporting, artistic and other activities),keep in touch with their families and other individuals and organizations relevant to their correction.Article 269
Juveniles shall be classified in correctional groups fit for their age, mental development and other personal characteristics that allow employment of the same correctional measures.One teacher/educator (odgojitelj) shall be in charge of one correctional group consisting of 20 juveniles at the most.Article 270
If school of a particular type or level of education is not available in a corrective training institution, a juvenile may attend such school outside the corrective training institution.
Article 271
Any juvenile is entitled to a daily amount of food prepared well and in a large variety that shall be given to juveniles in at least three regular meals suitable to his age and required for sustaining good health and mental and physical development of juveniles.In a corrective training institution, juveniles shall be provided with underwear, clothes and footwear that are suitable for the climatic conditions and the season and the contemporary style of dressing.Article 272
Juveniles are entitled to receive and send mail without any restrictions.
Exceptionally the governor may restrict correspondence with and visits of the individuals who may exert bad influence on the juvenile in the process of correction.
Article 273
Any corrective training institution shall organize work of juveniles with the view of developing good working habits and acquiring skills and knowledge needed for normal life at liberty.Half of an inmate’s remuneration shall be deposited into his savings account and the other half shall be put at the juvenile’s disposal.The juvenile who does not attend school shall have a full-time job under terms and conditions provided for in the generally applied labour legislation respecting minors’ employment.After working hours juveniles may be engaged for an hour per day at the most in necessary cleaning of the corrective training institution and other jobs required for normal life in the institution.Article 274
Juveniles shall have annual leave of 30 days and, as a general rule, they shall spend it outside the institution.
Article 275
1. The governor may grant some privileges to the juveniles, who actively participate in corrective training and obey laws, rules and regulations, such as:
permission to go out to the town, ,attending cultural, educational and sporting events outside the institution,visits to family and relatives over week-end,taking part in collective community activities, cultural contests and sports competitions outside the institution,leave of absence of 7 days.Article 276
If a juvenile fails to obey this law, home rules and disciplinary measures, to fulfil obligations under the corrective training programme or to execute orders given by staff of the institution, he may be subject to the sanctions such as: admonition, reprimand, revocation of privileges and a separation from others in a separate room for up to five days.The juveniles, on whom the measure of detention in a corrective training institution has been passed, has the same rights as a convicted adult, unless this law or the home rules of the institution provides for even broader rights.Article 279
The provisions of this law respecting the structure of prisons, working relations and assets and equipment shall be applied accordingly to the corrective training institutions, unless provisions of articles 237 through 283 determine otherwise.
Sending A Person to a Rehabilitation Institution
Article 280
The measure of confinement to a rehabilitation institution shall be executed in institutions for the execution of this measure.
Article 281
A juvenile, who has been confined in an institution under article 280, has the same rights and responsibilities as other juveniles in the institution but special care of and supervision over him shall be carried on.
Article 282
When the measure of confinement in a rehabilitation institution has been ordered instead of the measure of obligatory psychiatric treatment and confinement in a mental institution, a juvenile shall be guarded to the necessary extent and medically treated under constant doctor’s supervision in the appropriate institution where he is confined.If the requirements under paragraph 1 of this law have not been met, a juvenile shall be placed in a special ward for juveniles in a special hospital.Article 283
The rehabilitation institution shall inform the court and social welfare authority about the progress of medical treatment and rehabilitation of the juvenile at least every six months.When a juvenile turns 18 the institution shall inform the court about the health condition of the juvenile in order to review his further detention in the institution and possibility to replace this detention order with another appropriate correctional measure.Section X
ENFORCEMENT OF FINES, INTERLOCUTORY ORDERS AND SENTENCES OF IMPRISONMENT PASSED IN MINOR OFFENCES PROCEEDINGS AND OTHER PROCEEDINGS
Article 284
Provisions of this law respecting the procedure for fine collection shall be accordingly applied to the collection of fines imposed in minor offences proceedings and other proceedings, unless provisions of articles 285 through 287 determine otherwise.
Article 285
The court or another body that issued the original decision on a fine in minor offences proceedings and other proceedings shall have competence to collect the fine.Banks and other financial organisations with which companies, legal persons and self-employed entrepreneurs have gyro accounts shall disclose information required by a court or other bodies in charge of the collection.The organizations under paragraph 2 of this article shall comply with orders of courts or other bodies in charge of collection.Article 286
If the decision on a fine does not stipulate that the fine shall be paid in instalments by the convicted legal person or responsible person in it, the court that issued the decision may issue another separate decision on this at the request of convicted person. The decision shall determine the manner of payment and time limit that may not be longer than one year.If the convicted person allowed to pay a fine in instalments fails to discharge his obligation regularly, the court shall revoke its decision on instalments.Article 287
At the request of convicted responsible person, in justifiable cases, the court that issued the decision may defer the payment for a year counting from the affective date of the decision.
Enforcement of Interlocutory Orders
Article 288
Provisions of this law respecting the execution of security measures shall be accordingly applied to the enforcement of interlocutory orders passed in minor offences proceedings and other proceedings, unless article 289 determines otherwise.
Ban on Performing Certain Business Activities
Article 289
This order shall be enforced by sealing the business facilities of the convicted persons for the term of ban imposed in the decision and it shall be enforced by the administration body that issued the licence to work. If the order refers to work of an individual, the ban on performing his work shall be entered in the licence that is kept with the competent administration body.
Execution of Sentences of Imprisonment Passed in Minor Offences Proceedings and Other Proceedings
Article 290
Sentences of imprisonment passed in minor offences proceedings shall be executed in pursuance of general provisions of this law, unless provisions of articles 291 through 294 determine otherwise.The costs of the execution of sentences of imprisonment passed in minor offences proceedings shall be paid by the municipality or city in whose territory the court having passed the sentences is located, which shall be regulated in a contract between the prison and the municipality or city.Article 291
A person, who has received a sentence of imprisonment in minor offences proceedings or whose fine has been replaced with a sentence of imprisonment, shall be summoned and sent to serve his prison term by the minor offences court in whose jurisdiction the person resides permanently or temporarily.If a person sentenced for a minor offence fails to comply with the summons to start serving his prison term, a competent law enforcement agency shall bring him under police escort by order of the minor offences judge.If a decision in the minor offences proceedings is issued to order for the sentence of imprisonment to be executed immediately, before the decision becomes finally binding, the minor offences court having issued the decision shall send the person to start serving his prison term.Article 292
If the minor offences court that has passed a sentence of imprisonment or has replaced a fine with a sentence of imprisonment is not competent to send the person to start serving his prison term, it shall forward the decision to the minor offences court in whose jurisdiction the person resides permanently or temporarily.
Article 293
At the request of a person sentenced for a minor offence, the commencement of serving prison term may be postponed.The application for a postponement of the commencement of serving prison term shall be submitted within three days counting from the receipt of the summons.The execution of sentences shall be stayed until finally binding decision is issued.The postponement of the commencement of serving prison term may be allowed under conditions provided for in article 106 of this law for 60 days at the longest.The president of the minor offences court competent for the execution of the sentence of imprisonment shall decide the application within tree days counting from the receipt of the application.A person sentenced for a minor offence may lodge an appeal against the decision rejecting his request for a postponement of the commencement of serving prison term within tree days counting from the receipt of the decision. The appeal shall delay the execution.The RS Chief Minor Offences Court shall decide the appeal within tree days counting from the receipt of the file and it shall forward the decision on appeal within five days counting from the passage of the decision.Article 294
At the request of a person sentenced for a minor offence, in exceptionally justified cases, a suspension of imprisonment may be allowed but only as long as 10 days. Exceptionally, if is suspended for medical reasons, it may last until the completion of medical treatment.The suspension of imprisonment shall be decided in pursuance of article 188 and 189 of this law.Section XI
EXECUTION OF THE ORDER OF DETENTION
Article 295
Provisions of Criminal Procedure Code and articles 295 through 308 of this law shall be applied in treatment of detainees.Security equipment or security service in the separate prison ward under article 24(3) shall be provided and organized as in closed prisons.Article 296
Only a person whose pre-trial detention has been ordered by a court, which has issued a warrant for custody accompanied with a decision ordering pre-trial detention.If the warrant for custody is not accompanied with a decision ordering pre-trial detention, the court having ordered pre-trial detention shall forward such decision to the institution within 48 hours.The administration of prison shall issue a confirmation of custody of the person, entering into it the date and hour of pre-trial detention.Article 297
Upon admittance in the institution a detainee shall be informed about his rights and responsibilities during pre-trial detention in pursuance of article 97 of this law.The detainees who are parties to the same criminal offence shall be kept in separate rooms.Article 298
Upon admittance in the institution a detainee shall have a thorough medical check-up. The findings and opinion shall be entered in the medical record of the detainee.The person whose pre-trial detention has been ordered pursuant to the Criminal Procedure Code shall be kept in custody until he is admitted to hospital, the period may last 30 days at the longest and after that he shall be released.Article 299
Accommodation, food, clothes and medical care, books, daily newspapers and magazines shall be provided for a detainee under the same conditions as for convicted persons in the institution.A detainee is entitled to wear his own clothes and if he wears prison clothes they have to be different from convicted persons’ clothes.A detainee may be visited by a priest in order to practice religion but only at times and under conditions determined by the court having ordered pre-trial detention.Article 300
A detainee who is allowed to work is entitled to remuneration and other rights arising form work that apply to convicted persons pursuant to this law.
Article 301
A detainee shall be taken out of pre-trial detention and brought to other authorities only by orders of the court conducting the proceedings against the detainee.A detainee shall be taken out and brought to other authorities under police escort with measures of precaution to prevent him from escaping or behaving violently or to prevent other persons from behaving violently towards him.A detainee may be transferred to another institution for the reasons of security.Article 302
If a detainee commits a disciplinary offence, the institution shall inform the court conducting the proceedings against him about it.
Article 303
The means of force under articles 181 through 183 shall be used against a detainee only in the manner and in circumstances provided for in this law.The court conducting the proceedings shall be informed about the use of means of force.In the event of a detainee’s escape, the court under paragraph 2 of this article shall be informed about it with the view of issuing an order for an arrest warrant to be circulated so that the detainee should be found and brough back.Article 304
Release from pre-trial detention shall be carried on the basis of a decision on the termination of pre-trial pre-trial detention and warrant for release issued by the court conducting the proceedings against the detainee.If the institution does not receive a decision on the extension of pre-trial detention, it shall inform the court conducting the proceedings, 48 hours before the release, that the detainee will be released and if it does not receive the decision on the extension of pre-trial detention, it shall release the detainee.Releasing a detainee from pre-trial detention, the institution shall proceed in pursuance of articles 194(1), 197(1) and 197(2) of this law.Article 305
In the event of the death of a detainee, the prison administration shall inform immediately the Ministry, the court conducting the proceedings and the president of the court in charge of supervision over detainees, for further action.The detainee’s spouse or another member of family shall be informed without delay about the death of the detainee.Article 306
The Ministry and the president of the court in whose jurisdiction the institution is located shall supervise detainees.The costs of pre-trial detention shall be paid by the court having issued a decision on pre-trial detention.Article 307
A detainee who has been sent to serve his prison term, at his request and in pursuance of the Criminal Procedure Code, before the verdict becomes finally binding shall have the same rights and responsibilities as convicted persons do.
Article 308
The Book of Pre-trial detention Rules shall be enacted by the Minister.
PUBLISHING OF VERDICTS PASSED IN CRIMINAL PROCEEDINGS
Article 309
When a court decides to publish a verdict passed for a criminal offence in the mass media, it shall communicate the verdict to the editor-in-chief in the particular newspaper/outlet for its publication.The costs of publication shall be paid by the convicted person.FORFEITURE OF THE PROCEEDS OF CRIME
Article 310
The provisions respecting the fine collection shall be accordingly applied to forfeiture of the proceeds of crime/minor offence.
Section XII
INTERNATIONAL CO-OPERATION
Jurisdiction and Procedure
Article 311
A citizen of Republika Srpska/Bosnia and Herzegovina may serve his prison term, which he has received from a foreign court, in Republika Srpska under circumstances provided for in the international law and agreements, on the reciprocity basis.Under circumstances provided for in the international law and agreements, on the reciprocity basis, Republika Srpska shall allow convicted aliens to serve their prison term in their country.Taking over or relinquishing the execution of sentences of imprisonment and transfer of convicted persons shall be carried out on the basis of letters of request of Republika Srpska or the concerned foreign country.A convicted person, an alien in Republika Srpska, may move the competent authorities for sending the letter of request to the foreign country and he shall be advised of the possibility upon the admittance in the institution.Taking over or relinquishing the execution of sentences of imprisonment passed on stateless persons shall be carried out under conditions provided for in this law if the persons permanently or temporarily resided last in Republika Srpska or in a foreign country, as applicable.Article 312
1. If an international agreement does not determine otherwise, Republika Srpska may relinquish the execution of sentences of imprisonment if:
the convicted person is a citizen of the country in which he is to be transferred or if he is a stateless person and he permanently or temporarily resided last in the country in which he is to be transferred,at the time of sending the letter of request for transfer, the convicted person has to serve at least six more months in Republika Srpska,the convicted person has consented to the transfer,the criminal offence, over which the convicted person will be transferred, is also classified as a criminal offence in the country in which he is to be transferred,if criminal proceedings have not been instituted against the convicted person for another criminal offence.Article 313
The letter of request for taking over or relinquishing the execution of sentences of imprisonment shall be forwarded directly, unless otherwise provided in an international agreement. The Ministry of Justice shall receive the letters of request for taking over or relinquishing the execution of sentences of imprisonment.Details of the convicted person and his citizenship and, in a case of relinquishment, the decision on the sentence of imprisonment and details about the term and commencement of imprisonment shall be enclosed with the letter of request for taking over or relinquishing the execution of sentences of imprisonment.Article 314
The application for taking over or relinquishing the execution of sentence of imprisonment lodged by an alien shall be decided by the Ministry in the manner provided for in this law.The Ministry shall forward the finally binding decision under paragraph 1 of this article to a foreign country in the manner provided for in article 313 of this law.After having received a decision of a foreign country on taking over the execution of a sentence of imprisonment passed in Republika Srpska, the Ministry shall issue a decision (rjesenje) to terminate the execution of sentence of imprisonment in Republika Srpska and inform the Ministry of the Interior to hand the alien over to the competent authorities of the foreign country.Article 315
In a case where a foreign country has approved that a sentence of imprisonment passed on a citizen of Republika Srpska will be executed in Republika Srpska, the Minister shall issue required orders and ask of other state bodies to take necessary steps to take over the convicted person.The Minister shall issue a decision (rjesenje) on taking over the execution of a sentence of imprisonment and a decision (rjesenje) on sending the convicted person to a particular prison.Article 316
Sentences of imprisonment passed by international tribunals shall be executed in pursuance of this law, unless otherwise provided in an international agreement or the Criminal Procedure Code.
PENAL PROVISIONS
Article 317
A fine to the extent of 100 to 500 KM shall be passed for an offence on a convicted person who fails to comply with the ban on carrying out a particular occupation, activity or duty.A fine to the extent of 1,000 to 5,000 KM shall be passed on a company or other legal person who allows a person who was banned from carrying out a particular occupation, activity or duty to act in contravention of the ban.The competent person in the company or other legal person shall be fined up to 500 KM for the offence under paragraph 2 of this article.Article 318
1. A fine to the extent of 100 to 500 KM shall be passed for an offence on a parent or guardian who
fails to ensure that a juvenile regularly comes to the disciplinary center,fails to comply with orders and instructions of the court and social welfare authorities.Article 319
A fine to the extent of 1,000 to 10,000 KM shall be passed on a company or other legal person if it operates in business it has been banned to operate.The competent person in the company or other legal person shall be fined from 100 to 1.000 KM for the offence under paragraph 1 of this article.Article 320
A fine to the extent of 500 to 1,500 KM shall be passed for an offence on an alien if he does not leave Republika Srpska by the deadline
TRANSITIONAL PROVISIONS
Article 321
The RS Government shall enact rules and regulations provided for by this law to fall under its responsibility within three months counting from the effective date of this law.
Article 322
The Minister shall enact rules and regulations provided for by this law to fall under its responsibility within three months counting from the effective date of this law.
Article 323
The governor shall enact Rules on Prison Structure with job descriptions within three months counting from the effective date of this law.
Article 324
Buildings, business premises and land used by prisons, over which Republika Srpska does not have title, shall be transferred to Republika Srpska.
Article 325
Kazneno-popravni dom u Srbinju (Srbinje Prison) shall continue operating as Kazneno-popravni zavod zatvorenog tipa, a closed prison (Srbinje Prison).Kazneno-popravni dom u Banjoj Luci (Banja Luka Prison) shall continue operating as Kazneno-popravni zavod zatvorenog tipa, a closed prison (Banja Luka Prison).Okruzni zatvor u Srpskom Sarajevu (County Prison of Srpsko Sarajevo) shall continue operating as Kazneno-popravni zavod poluotvorenog tipa, a semi-open prison (Srpsko Sarajevo Prison).Kazneno-popravni dom u Bijeljini (Bijeljina Prison) shall cease to exist as Kazneno-popravni dom (prison) and shall continue operating as Okruzni zatvor u Bijeljini (County Prison of Bijeljina).Okruzni zatvor u Doboju (County Prison of Doboj) and Okruzni zatvor u Trebinju (County Prison of Trebinje) shall continue operating as Okruzni zatvori (County Prisons).Article 326
Until the establishment and beginning of operation of the prisons for the execution of sentences of imprisonment of male juveniles, sentences of imprisonment of female juveniles, sentences of imprisonment of women and the correctional institutions for the execution of correctional measures of confinement in a corrective training home for male and female juveniles separately, these sanctions shall be executed in separate wards as follows:
sentences of imprisonment of male juveniles in Srbinje Prison,sentences of imprisonment of female juveniles in Srpsko Sarajevo Prison,sentences of imprisonment of women in Srpsko Sarajevo Prison,correctional measures of confinement in a corrective training home for male juveniles in Banja Luka Prisoncorrectional measures of confinement in a corrective training home for female juveniles in Banja Luka PrisonArticle 327
The special hospital in Sokolac shall continue operating as a closed hospital where the security measure of obligatory psychiatric treatment and confinement in mental institution and the security measure of obligatory treatment of alcohol and drug addiction shall be executed.
Article 328
A separate pre-trial detention ward shall be established in both Banja Luka Prison and Srpsko Sarajevo Prison.
Article 329
Until the establishment of the center for personality evaluation, the determination of corrective training programme shall be carried out by the admittance/release ward in the prison where a convicted person is to serve the sentence of imprisonment/correctional measure.
Article 330
Until the establishment of the judicial police, powers of judicial police shall be exercises by the Ministry of the Interior and prison guards.
Article 331
Until the establishment of the RS Chief Minor Offences Court, any appeal under article 293(7) of this law shall be decided by the competent county court.
Article 332
Convicted persons serving prison term in the existing institutions, who started serving prison term before the effective date of this law, shall be transferred in appropriate prisons/county prisons within three months counting from the effective date of this law in pursuance of the schedule enacted by the Ministry.
FINAL PROVISIONS
Article 333
On the effective date of this law, the Law on the Execution of Criminal Sanctions (Republika Srpska Official Gazette 27/93), the Law on Amendments to the Law on the Execution of Criminal Sanctions (Republika Srpska Official Gazette 16/95) and the Law on Establishment of Prisons (Republika Srpaka Official Gazette 6/96) shall cease from applying.
Article 334
This Code shall enter into force on the eight day from the publication in the RS Official G
Gazette and shall start applying as of 1 January 2002.