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Execution of Sentences

BOOK VI
Execution of Sentences
Chapter 1. – General Provisions

Art.203. – Principle.

(1)    Any court having passed a sentence in a criminal case shall issue the necessary warrants or orders requiring the appropriate authorities to carry out or supervise the carrying out of the sentence in accordance with the provisions of this Book.
(2)    Nothing in this Article shall affect the provisions of Art. 188.

Art.204. – Warrant in respect of person sentenced to death.

(1)    Where any person is sentenced to death, the presiding judge shall by warrant under his hand in the form prescribed in the Third Schedule to this Code order such person to be detained until the pleasure of His Imperial Majesty shall be made known.
(2)    Where the sentence is confirmed, it shall be carried out in accordance with the conditions laid down in the order of confirmation.
(3)    Where the sentence is commuted, the order of commutation shall be sufficient authority for carrying into effect the terms of such order.

Art.205. – Warrant in respect of person sentenced to loss of liberty.

(1)    Where any person is sentenced to arrest, imprisonment of internment, the presiding judge shall by warrant under his hand in the form prescribed in the Third Schedule to this Code order the sentence to be carried out.
(2)    Such warrant shall be sufficient authority for the officer in charge of the prison and all other persons to carry out the sentence described in the warrant.

Art.206. – Execution may be postponed in certain cases.

Where a person who has been sentenced to arrest or simple imprisonment not exceeding one year is:
(a)    a pregnant woman; or
(b)    the sole support of his family,
and such person is not likely to be a danger to public security, the court may postpone the execution of the sentence for a period not exceeding six months on production of guarantors for his good behaviour.

Art.207. – Warrant in respect of person sentenced to flogging.

Where any person is sentenced to be flogged for an offence under Art. 635 (3) or 637 (1) Penal Code, the presiding judge shall by warrant under his hand in the sixteenth form prescribed by the Third Schedule to this Code order that the sentence be carried out in accordance with Art. 120A Penal Code by such person and at such place as shall be specified in the warrant.

Art.208. – Warrant in respect of irresponsible persons.

Where any person is found to be not fully responsible for his acts and the court decides that he be confined or treated in accordance with the provisions of Art. 134 or 135 Penal Code, the presiding judge shall by warrant under his hand in the fifteenth form prescribed in the Third Schedule to this code order that the accused be remanded to a suitable institution for confinement or treatment.

Art.209. – Recovery of fines.

(1)    Fines shall be recovered on the order of the court by the execution officer in accordance with the provisions of Art. 91,171, (1), 703 and 710 Penal Code.
(2)    Where a fine or any part thereof has not been recovered, the execution officer shall refer the matter to the court and thereupon the court shall make the appropriate orders for execution or for the fine to be converted into labour, arrest or simple imprisonment in accordance with the provisions of Art. 92, 94, 96, 171 (2) and 709 Penal Code.
(3)    Where a person has been sentenced in his absence to pay a fine, the provisions of sub-art. (1) shall not apply and the court shall forthwith order that execution be levied on the convicted person’s property.

Art.210. – Payment of costs and compensation.

Where a judgment given by a criminal court contains provisions for the payment of legal costs or compensation, such part of the judgment as contains such provisions shall be executed in the same manner as a civil judgment.

Art.211. – Confiscation of property.

(1)    Where an order for confiscation of property has been made under Art. 272 Penal Code, the court shall make an order requiring the execution officer to seize such property as is seizable under the provisions of Art. 97 Penal Code and shall specify in such order the property to be seized.
(2)    On seizing such property, the execution officer shall hold it until he receives an order from the competent authority requiring him to hand over such property to a person or persons named in such order and on so handing such property, the execution officer shall be given a detailed receipt by such person or persons.
(3)    The family of the convicted person may apply to the court for the release of any property wrongly confiscated.

 Art.212. – Sequestration of property.

(1)    Where a person is sentenced in his absence to have his property sequestrated for an offence as defined in Art. 272 Penal Code, the court shall make an order:
(a) requiring the execution officer to attach such property as may be attached under Art. 98 Penal Code and shall specify in such order the property to be attached; and
(b) appointing a trustee to manage the property and on such appointment the execution officer shall hand over the property to such trustee against a detailed receipt.
(2)  The execution officer shall be responsible for ensuring that none of the property mentioned in Art. 97 (3) Penal Code be attached. The family of the convicted person may apply to the trustee for the release of any property wrongly attached.
(3) An order or attachment made under sub-art. (1) shall remain in force until an application for its removal is made to the court by the competent authority and thereupon the court shall order the attachment to be removed and the trustee discharged on submitting proper accounts.

Art.213. – Orders in respect of young persons.

(1)    Where an order is made in respect of a young person under Art. 162, 165, 166, 173 or 703 Penal Code, the presiding judge shall sign and send an order to the responsible official, headmaster, director or officer in charge, as the case may be, and such order shall be sufficient authority to deal with young person on the conditions laid down in the order.
(2)    Where an order is made in respect of a young person under Art. 163 Penal Code, the presiding judge shall sign and send an order to one of the persons mentioned in Art. 163 Penal Code and such order shall be sufficient authority to deal with the young person on the conditions laid down in the order.
(3)    Where a young person is sentenced to caning under Art. 72 Penal Code, the presiding judge shall cause the young person to be medically examined as to his fitness to undergo corporal punishment and, where he has been found fit, he shall cause the caning to be carried out in a private place by a family elder or such other suitable person as the presiding judge shall appoint, in the presence of himself, the person who has examined the young person and the young person’s parents, relatives or guardian, if any.

Art.214. – Compulsory labour, secondary penalties and measures.

Where an order is made under Art. 102, 103, 122, 144, 146, 147, 149-154-158-160, 178, 179, 715, 716, or 718-720 Penal Code, the court shall cause a copy of the operative part of the judgment to be served on the appropriate authorities and require them to carry the order into effect.

Art.215. – Recording of orders for execution.

The court shall record any order it may have made with a view to the sentence being executed. A note shall be made of the day on which such order was executed and, where appropriate, of the reasons why such order could not be executed.

Chapter 2. – Variation of Orders Contained in Sentences

Art.216. – Principle.

(1)    Where any order as defined in sub-art. (2) requires to be made, such order shall be made by the court having passed the sentence in relation to which such order is to be made.
(2)    The provisions of sub-art. (1) shall apply in cases of:
(a) enforcement of internment (Art. 132 Penal Code); and
(b) revision of orders made in respect of offenders not fully responsible (Art. 136 and 137 Penal Code); and
(c) extension of detention (Art. 140 (2) Penal Code); and
(d) revocation of probation or variation of rules of conduct (Art. 198, 202 (3) and 204 Penal Code); and
(e) conditional release (Art. 131, 207, 209 – 112 Penal Code); and
(f) orders under Art. 124(2) and 156 Penal Code.
(3)    Orders made in respect of young persons may be varied in accordance with the provisions of Art. 180 of this Code.

Art.217. – Procedure and decision.

(1)    The court shall not make an order under this Chapter unless an application to this effect is made by the convicted person or his legal representative, the public prosecutor or any person or authority charged with executing or supervising the execution of the sentence.
(2)    Prior to making its decision, the court shall summon the person in respect of whom the order is to be made and such other person as is likely to give information to assist the court. The court may, where appropriate, order such inquiries to be made as appear necessary.
(3)    The court shall make its decision after having heard all the persons summoned and obtained the required information. Where the person in respect of whom the decision is to be made fails to appear, the court shall make its decision in his absence.
(4)    Any statement made and the decision of the court shall be recorded.
(5)    No appeal shall lie from a decision under this Article and such decision shall be carried out in accordance with the provisions of Chapter I of this Book.

Chapter 3. – Reinstatement

Art.218. – Application for reinstatement.

(1)    Where a convicted person or his legal representative is of opinion that the requirements of Art. 243 and 244 Penal Code are satisfied, he may apply for reinstatement to the court having passed the sentence the cancellation of which is sought.
(2)    The application shall be in writing and shall give reasons. It shall be accompanied by such documents as are necessary to enable the court to ascertain whether the conditions laid down in Art. 243 and 244 Penal Code are fulfilled.

Art.219. – Procedure and decision.

(1)    The application shall be decided on by the court sitting in chambers. Prior to making its decision, the court may order such inquiries to be made or further documents to be produced as it thinks fit.
(2)    Where the application is allowed, the provisions of Art. 245 Penal Code shall apply and the court shall order the entry of the sentence which it has cancelled to be deleted from the reinstated person’s police record.
(3)    Where the application is dismissed, the provisions or Art. 246 Penal Code shall apply.
(4)    Any decision under this Article shall be in writing and shall give reasons. The decision shall be read out in open court, and shall be published in a newspaper.
(5)    No appeal shall lie from any decision of any court under this Article.