Law on Execution of Sanctions (2006)

Posted

May 23, 2003

Country

former Yugoslav Republic of Macedonia

Document Type

Primary Legislation

Topic name

Prison Service

Also under this topic

Criminal Code Law on Execution of Sanctions

LAW ON EXECUTION

OF SANCTIONS

Chapter I

GENERAL PROVISIONS

Article 1

(1) This Law regulates the execution of sanctions passed for criminal acts, and misdemeanours (hereinafter referred to as punishable acts).

(2) The sanctions passed for criminal acts, whose execution is regulated by this Law, are: penalties, alternative measures, security measures and educational measures.

(3) The sanctions passed for misdemeanours, whose execution is regulated by this Law, are: penalties, security measures and educational measures.

Article 2

(1) The sanctions passed for punishable acts will be executed when the decision by which the sanction was pronounced will be finally valid and when there are no legal obstacles for execution of the decision.

(2) The execution of some sanctions can start even before the decision for determining of the sanction become finally valid, only when this is prescribed with the law.

Article 3

The persons, against whom the sanctions are applied, are deprived of or have restricted rights only within the limits that are necessary for achieving the goal of the sanctions, in accordance with the Law.

Article 4

(1) The rules on execution of sanctions are applicable impartial.

(2) Discrimination on the grounds of race, colour of skin, sex, language, religion, political or other beliefs, national or social origin, property and social status or some other status of the person against whom the sanction are applied, is prohibited.

(3) The religious feelings, personal conviction and moral norms of the person against whom sanctions are applied, have to be respected.

Article 5

The persons, against whom the sanctions are being applied, are treated in a manner which, to the extent possible, corresponds to their personality.

Article 6

The persons, against whom sanctions are being applied, are treated humanely, by respecting their personality and dignity, preserving their physical and mental health, considering the achievement of the goals in specific sanctions.

Article 7

(1) The sanctions are executed by the bodies determined by this Law.

(2) The court that reached the first instance decision for passing the sanction, is obliged to send the decision to the competent court according to the place of permanent or temporary residence of the convicted person immediately but no later than 3 days  after the decision will become executive.

(3) The decision becomes an executive, when, after it becomes finally valid, there are no more legal obstacles determined by this Law for executing the sanction.

(4) The judge for executing the sanctions is obliged to start with the execution of the sanction by taking the legally determined actions and measures immediately after the reception of the decision.

(5) Convicted persons have a right of protection of their rights in a way and procedure prescribed by this Law.

Article 8

(1) The Directorate for Execution of Sanctions (hereinafter: the Directorate) is responsible for the affairs of execution of sanctions.

(2) The Director of the Directorate manages the affairs of execution of sanctions.

(3) This Law determines the organizational structure and the area of responsibility of the Directorate. 

Article 9

(1) By the use of direct supervision and information, the Directorate follows and studies the implementation of the regulations for execution of sanctions, directly undertakes or suggests measures for improvement of the conditions for execution of sanctions to the authorized bodies, gives an expert help for the execution of sanctions, collects and processes the statistics data and performs other duties stipulated with this Law and other provisions.

(2) In order to improve the conditions for execution of sanctions and the after releasing help for the convicts the Directorate cooperates with other state bodies, science and other institutions and associations, as well as other legal entities.

(3) Once a year, the Directorate informs the Government and the public about the condition and the work of the penitentiary correctional institutions.    

Article 10

The supervision over the work of the bodies and the institutions for execution of sanctions, and over the legality of the execution of the sanctions is performed by the bodies determined with this Law.

Article 11

(1) The means for the execution of the sanctions are provided by the Republic of Macedonia.

(2) The persons against whom the sanctions are applied will not pay the costs for execution of the sanctions, except the costs for execution of the fine.

Article 12

The persons released from the execution of the sanctions will be provided with help.

Article 13

The right for use of the convicts' language in the communication with the Directorate, the Institution or with the other state bodies should be implemented in accordance with the provisions stipulated in the Law on General Administrative Procedure.

PART ONE

DIRECTORATE FOR EXECUTION OF SANCTIONS

A. AUTHORITIES FOR EXECUTION OF SANCTIONS

Chapter II

Article 14

(1) The Directorate for Execution of Sanctions (hereinafter: the Directorate) organizes, executes and supervises the execution of the imprisonment  sentence, the juvenile imprisonment, the alternative measures: protective supervision pronounced with a probation verdict or probation dismissal, community work and house arrest, as well as correctional detention as an educational measure.

(2) The Directorate is a body within the Ministry of Justice having a legal entity authorization.

(3) With reference to paragraph 1 of this Article, the Directorate keeps records for the sanctioned persons.

(4) The Directorate provides a continuous education and training for the employees.

(5) The Directorate cooperates with the other institutions, associations and organizations that deal with the issues of execution of sanctions.    

B. ORGANIZATIONAL STRUCTURE  OF THE DIRECTORATE

Article 15

The Directorate includes the penitentiary and correctional institutions as its organizational units. 

Article16

(1) The penitentiary and correctional-educational institutions are established and abolished with this Law.

(2) The penitentiary institutions can be penitentiaries and jails.

(3) Penitentiary institutions are: Idrizovo Penitentiary with an "open" division in Veles, Shtip Penitentiary, Struga Penitentiary of open type, Bitola Jail, Gevgelija Jail, Kumanovo Jail with an "open" division in Kriva Palanka, Ohrid Jail, Prilep Jail, Skopje Jail, Strumica Jail and Tetovo Jail.

(4) Correctional-educational institutions are: Tetovo Correctional Facility and Skopje Correctional Facility.

(5) The Ministry of Justice using the general provision organizes the deployment of the convicts and the juveniles in the penitentiary and correctional-educational institutions, as well as the detainees in the detention departments within the penitentiary institutions.   

1. Penitentiary Institutions

Article 17

(1) The penitentiary institutions (hereinafter referred to as the institutions) according to their security level, the extent of freedoms’ limitation and the types of the treatment applied upon the convicts can be institutions of closed, a semi-open and of open type.

(2) The institutions of closed type have physical and material security such as security guard, banister walls, technical means and other security measures, which are preventing the convicts' escape.

(3) The institutions of a semi-open type have security guard, which secures the discipline and controls the convicts' movement.

(4) The institutions of an open type do not have physical and material security. The organization of the life and the work of the convicts in those institutions is based on self-discipline and personal responsibility and control over the movement and the work of the convicts is performed by the educators and instructors.

(5) For securing the building in the institutions of an open type a security service can be organized.

Article 18

In the institutions of closed type semi-open and open type of divisions are established, and in the institutions of a semi-open type - opened and closed type of divisions.

Article 19

(1) Divisions for reception of convicts (hereinafter referred to as reception divisions) will be established within the institutions.

(2) Divisions for persons convicted for misdemeanours will be established within the institutions of a semi-open type.

(3) A House-hospital as a separate institution will be established for the sick convicts.

Article 20

(1) Special divisions for foreign and stateless convicts will be established within the institutions of closed type.

(2) For the execution of the imprisonment sentence passed for the persons stipulated in paragraph 1 of this article, the international documents referred to execution of imprisonment sentence for this category of convicts, will be applied.    

Article 21

Juvenile convicts compulsory will serve the juvenile imprisonment sentence in a special institution for juveniles. 

Article 22

(1) In some institutions special divisions for execution of the pre trial detention will be established.

(2) The treatment of the detainees will be regulated by Law. 

1. Correctional Institutions

Article 23

(1) Correctional-educational institutions for execution of the educational measure concern sending into correctional-educational centre are the correctional-educational centres.

(2) Some categories of juveniles can serve the educational measure in special divisions of the correctional-educational centres.

(3) The juveniles of different gender will be placed in separate correctional centres or can be placed in separate divisions in the same centre.

C. ORGANIZATION OF THE DIRECTORATE

Article 24

(1) The general regulations for organization and systematization of the work and the duties determine the Directorate's organizational units for executing of functions.

(2) The general regulations referred in paragraph 1 of this Article are passed by the Director of the Directorate in agreement with the Minister of Justice.

Article 25

(1) In accordance with the complexity and the extent of the work for execution of the sanctions, within the institutions the following units will be organized: unit for re-socialization, security unit, economy – instructing unit, unit for health protection and the executive-administrative and financial unit.

(2) The units will be organized by the Directorate.

(3) If organizing of the units referred to in paragraph 1 of this Article is not necessary; one or more persons can perform the activities of some or more units.

a) Unit for re-socialization

Article 26

(1) The unit for re-socialization will be organized for implementation of the educational process and for coordination of the activities of upbringing, education and qualification of the convicts.

(2) The activities of education and instruction are performed by educators and instructors.

b) Security Unit

Article 27

(1) The security affairs in the institution are performed by the security unit, armed and uniquely uniformed and equipped.

(2) The security unit is a unique formation of the Directorate.

(3) The security unit will be organized to secure the institution, prevent the escapes, maintain the internal order and discipline, and to escort the convicts.

(4) The security unit is managed by commanding officer.

(5) The activities in the security unit, besides the commanding officer, are also performed by commanders, high, senior and junior supervisors.

(6) Each member of the security unit while performing an official duty has an authority of the police officer.

(7) The Director of the Directorate passes a regulation for the security unit’s armaments and the ways of conducting the duties, as well as a regulation for the unit’s uniforms and insignia.

c) Economy-Instructing Unit

Article 28

(1) The economy-instructing unit organizes the work and the qualification of the convicts.

(2) The labour engagement of the convicts is conducted in the economy units established by the institutions or outside of the institution in legal entities and other institutions, after a previous assessment by the instructed unit, the unit for re-socialization and the unit for health protection.

(3) The activities of the economy-instructing unit are performed by instructors and other experts.

d) Unit for health protection

Article 29

(1) The Unit for health protection is organized to perform activities of health protection, to carry out hygienic measures and to control the food and the drinking water for the convicts in accordance with the general regulations.

(2) The activities of the Unit for health protection are performed by doctors and other health workers, who have an adequate degree of education in accordance with the general regulations.

d) Executive-administrative and financial unit

Article 30

(1) The executive-administrative and financial unit will be organized for dealing with the executive, administrative, legal and financial affairs of the institution, as well as to provide a legal aid for the convicts.

(2) The activities of the executive-administrative and financial units are performed by persons who have an adequate degree of education from an appropriate field of specialization according to the general regulations.

D. MANAGEMENT OF THE DIRECTORATE

1. Director of the Directorate

Article 31

(1) Director is managing with the Directorate.

(2) The Director of the Directorate is appointed and discharged by the Government of the Republic of Macedonia on a proposal of the Minister of Justice.

(3) The Director is appointed for a term of 5 years with the right to be re-elected.

(4) For a director of the Directorate can be appointed a person who has finished a higher education of VII-1 level and who has at least 5 years working experience in the field of execution of sanctions or in related affairs.

Article 32

(1) The Director represents the Directorate, is responsible for the legal and correct execution of the affairs in the field of execution of sanctions in the Republic and for his responses to the Government of Republic of Macedonia and to the Minister of Justice.

(2) The Director of the Directorate can appoint someone from the employees to replace him when on leave or justifiably absent.

2. Director of the institution

Article 33

(1) The work of the institution is managed by the Director.

(2) The Director of the institution is personally responsible the work of the institution to be performed lawful, proper and in time.

(3) The Director can have his own deputy, who will replace him in case of his impediment or absence and will represent him in the matters determined by him.

Article 34

(1) The Government of the Republic of Macedonia appoints and discharges the Director of the institution and his deputy on a proposal of the Minster of Justice.

(2) For a Director or a Deputy of an institution can be appointed a person who has finished a higher education of VII-1 level and who has at least 5 years of working experience in the field of execution of sanctions or in related affairs.

JUDGE FOR EXECUTION OF SANCTIONS

Article 35

In all Basic Courts a Judge for Execution of Sanctions will be appointed.

Article 36

(1) The Judge for Execution of Sanctions protects the rights of the convicted persons, supervises the legality of the procedure for execution of the imprisonment sentence and provides equality of the convicted persons before the law.

(2) The Judge for Execution of Sanctions performs activities and decides for:

- sending of the convicts on serving the imprisonment  sentence;

- postponement of the imprisonment  sentence;

- interruption in serving the sentence and abolishment of the interruptions of  sentence serving;

- calculation of the  sentence, if the competent court did not  pass the appropriate verdict;

- obsoleteness of the execution of the  sentence or termination of the execution of  sentence due to the convict’s dead, if the competent court did not pass the appropriate verdict;

- cooperation with the competent Centres for social work about the post-penal aid  and the execution of the alternative measures;

- replacement of the fine with imprisonment  sentence;

- payment of the fine on instalments;

- other cases regulated by law.

PART TWO

AN EXECUTION OF SANCTIONS PRONOUNCED FOR

CRIMINAL ACTS

A. Execution of the imprisonment sentence

Chapter III

BASIC PRINCIPLES

Article 37

(1) The goal of the imprisonment sentence is qualifying the convicted person to become involved in the society with best possible chances on independent life in accordance with the Law.

(2) In order to achieve the goal of the imprisonment sentence, a feeling of responsibility is developed among the convicted persons, and they are stimulated to accept the treatment and to participate actively in it during the serving of their punishment which is motivated and directed to re-educating and development of positive character traits, attitudes and capabilities, that speed up the successful return to the society.

Article 38

(1) During the execution of the imprisonment sentence, the psycho-physical and moral integrity of the convicted person must be protected, and his personality and dignity must be respected.

(2) Any kind of torture, inhuman or degrading treatment and punishment is prohibited.

(3) The right to personal security of the convicted person and the respect of his personality must be insured.

Article 39

(1) The system of the execution of the imprisonment sentence is organized in such a manner, which enables the classification and displacement of separate categories of convicts in separate institutions or in separate divisions in different institutions and groups, for the purpose of easier implementation of different kinds of treatment, for preventing the criminal infection and for maintaining the discipline.

Article 40

(1) The convicted persons are disposed in different institutions for execution of the imprisonment sentence. Their position and the system of their disposal are determined according to the provisions of this Law and in accordance with the court decision.

(2) The convicted persons of a different sex will serve the imprisonment sentence separately.

(3) The convicted persons who serve an imprisonment sentence for a first time will be separated from the recidivists.

(4) The sentence for juvenile imprisonment imposed upon juveniles under age of 23 years shall be executed separately from the adults sentenced to imprisonment.

(5) The persons being in pre-trial detention will be separated from the persons serving the imprisonment sentence.

Article 41

In the institution for execution of the imprisonment sentence, the convicted persons will be classified according to the necessity and the type of the required treatment, their age, personal characteristics and other circumstances of importance for the evaluation of the personality of the convicted persons.

Article 42

(1) In the disposition, classification and dislocation of the convicted persons, the type and the nature of the committed crime and the level of the criminal responsibility must be taken in consideration.

(2) With a general regulation, the Minister of Justice more precisely determines the disposition, classification and dislocation of the convicts.

(3) With a general regulation, the Minister of Justice determines the types and the methods of treatment of the convicts.

Article 43

The young convicts should be provided with conditions, which will protect them as much as possible from the harmful influence of the other convicts, as well to provide them with conditions for life and work, and for cultural, sports and other activities adequate to their age.

Article 44

(1) The convicts will be placed in separate sleeping rooms in accordance with the institution's possibilities and with their own agreement.

(2) The convicts serve the imprisonment sentence in a group and they are disposed in groups, where the measures of education and re-education of same type may be implemented.

Article 45

(1) The convicts are obliged to follow the institution's rules.

(2) The discipline in the institution for execution of the imprisonment sentence should be maintained rigidly but righteously with respect of the human personality.

(3) The collective punishment of convicts is prohibited.

(4) The use of forcible means as a punishment is prohibited.

Article 46

(1) The convicted person will be provided with a health care.

(2) The convicted person can not be exposed to medical or other experiments which disturb their physical, psychological and moral integrity.

(3) The agreement of the convicted person for their participation in the experiment referred to in paragraph 2 of this Article does not exclude the responsibility of the person who approved it.

Article 47

(1) The convicts should be provided with a work, which will be useful and an appropriate to the way of its performing at freedom. The achieving of an economic benefit must not be the only goal of the work.

(2) Through the work, the convicts achieve and develop the working habits, maintain their work capabilities and gain a professional knowledge for work at freedom.

(3) The convicts must not be required to do activities, which are dangerous and harmful for their health.

(4) The working hours has to be adequate with the working hours at the freedom.

Article 48

The convicts do not pay taxes for the petition requests, official actions and decisions taken in connection with the implementation of provisions of this Law.

Chapter IV

INSTITUTIONS FOR EXECUTION OF THE IMPRISONMENT SENTENCE

1. Authority of the Institutions

Article 49

(1) Institutions of closed type are for sentences of longer than three years, as well as the imprisonment sentence of over six months delivered against recidivists.

(2) The persons sentenced on life imprisonment will serve their sentence in accordance with the provisions for execution of the imprisonment  sentence  and they are entitle to use all rights and benefits, except for those which are limited with the house rules of the institution.

Article 50

Institutions of semi-open type are for sentences of up to three years if it can be estimated, on the grounds of the criminal act, the motives because of which it is committed and the offender's personality, that the aim of executing the imprisonment sentence will be achieved with its execution within the same type of institution.

Article 51

Institutions of open type are for persons convicted of criminal acts committed trough negligence and for other crimes for which sentence of imprisonment is three to five years, if there are grounds to believe that the treatment in there institutions corresponds to the nature of the crime and the personality of the offender and that in this type of institution, with a feeling of personal responsibility, convicts will perform their duties and will not abuse their privileges.

Article 52

The provisions of Articles 49, 50 and 51 of this Law are applied to the disposal and the treatment of the convicts within the closed, semi-open and open divisions of the institutions.

2. The institution's house rules

Article 53

(1) Within the institution, a general regulation will be passed, to regulate the house rules, and to determine more specifically the organization of the work and to regulate the convicts' life-style within the institution.

(2) The Director of the Directorate passes the general regulation referred to in paragraph 1 of this Article.

Chapter V

WORK RELATION

1. Establishment and termination of work relation in the Directorate for execution of sanctions

Article 54

For establishing and terminating work relation and work relations in the Directory for the execution of sanction are being applied general regulations for the work relations and general and special regulations from the area of the health, pension and invalid insurance, unless with this law is not differently established.

Article 55

 The vocations of the Directorate's employees and the activities being performed by them shall be regulated with this Law, as well with a general rule for organization, work and systematization of the job positions nominated by the director of the Directorate.

Article 56

(1) The employment in the Directorate shall be carried out through a public job vacancy announcement, published in at least two daily newspapers in Macedonian language and in the language spoken by at least 20% of the citizens who are speaking official language different from Macedonian.   

(2) An employment contract in an institution can be established by a person who will fulfil general conditions stipulated by law and the special conditions determined with this Law and the general regulation for systematization.

(3) An employment contract in an institution may be established by a person, who has not been convicted, for criminal acts: against the country, against the army of Republic of Macedonia, against the life and body, against the freedom and rights of the citizen, against the public finances, payment system and economy, against the property and criminal acts committed due to benefit or dishonest motives, against official duty and, against humanity and international justice; against whom is not on going criminal procedure; against whom is not pronounced a security measure of banning on exercising a vocation, activity or duty while it lasts the ban and who is healthy and psycho-physically fit for work in an institution.

(4) The Director of the Directorate can promote or transfer an employee on a vacant job position within the Directorate without any public announcement for the same job vacancy.

(5) In the process of employment, the Director of the Directorate can ask the authorized state institutions for the candidate's data which can clarify whether the candidate is a threat for the security of the institution and the Directorate.

(6) The Director of the Directorate shall decide upon the choice of the candidates. The candidates who were not chosen will be informed in written, within the term of 8 days from the decision.

The candidates have the right to file a complaint against this decision to the Minister of Justice within 8 days from the reception of the notification.

(7) The employment shall be established by signing a written employment contract.

Article 57

(1) For the job position of an educator or teacher, a person, who has finished a higher education of VII-1 degree in the appropriate field of specialization, can establish an employment contract.

(2). For the position of an instructor or for other qualified job position, an employment contract can be established with a person, who has finished at least VI-1 degree or who is highly qualified (VKV) employee of the appropriate field of specialization.

Article 58

(1) For the apprenticeship position in the security unit, working relation can be established by a person, who has finished at least high school (IV-1 degree), who is not older than 25 years, who is physically and psychologically fit for dealing with supervisory activities in an institution and who has served the compulsory military service.

(2) For the positions commander and commandant in the security unit, an employment contract can be established with a person with a high education (VII-1 degree), being both physically and psychologically fit for dealing with these activities in the security service and who has served the compulsory military service.

Article 59

(1) An expert commission on the basis of a physical checkups and a test made according to a special programme will determine the psychophysical capabilities of the person being under the procedure of his employment for performing jobs in the security service.

(2) The Commission for determining the psychophysical capabilities referred to in paragraph 1 of this Article will be appointed by the director of the Directorate.

(3) The Programme for determining the psychophysical capabilities of the person being under the procedure of security service employment shall be passed by the director of the Directorate.

Article 60

(1) Fixed term contract will be established with the apprentice.

(2) The apprenticeship period for the supervisor position lasts for one year.

(3) After the expiration of the apprenticeship period, the apprentice takes an expert exam for conduction of the work of a supervisor in front of a Commission appointed by the director of the Directorate.

(4) The way of an expert training and the checkups of an expert qualification are determined by a programme brought by the director of the Directorate.

Article 61

(1) With the person who has successfully passed the expert exam an employment contract for the supervisor position, will be establish for an undefined period.

(2) Employment contract will be terminated if the person who did not passed the expert exam.

2. Job positions to which the extension of the insurance is calculated with increasing of the duration

Article 62

(1) The employees in the Directorate and the institutions, because of the complexity and the hard conditions of the affairs' nature, as well special conditions under which they are being executed in the immediate contact with the convicted persons with what significantly is being influenced on the decreasing of the working ability, have the right of the insurance according to the Law on pension and invalid insurance, which is calculated as one of an extended duration, that is, each period of 12 months effectual spent on performing those affairs is considered as period of 16 months of insurance..

3. Employees' salary in the institutions

Article 63

(1) The Directorate's employees will be provided with salaries from the funds intended for funding of the Directorate's work.

(2) The salary's height shall be determined according to the salary groups determined on the grounds of the type, weight and complexity of the activities and conditions under which they are performed, as well as on the ground of the length of labour experience.

(3) The salary groups shall be determined by law.

Article 64

The salary's amount of the employees working on positions where the working experience's insurance is considered for an extended duration shall be increased up to 30% from the determined salary group.

4. Pension and disability insurance

Article 65

If not otherwise stipulated with this Law, the general regulations on retirement and disability insurance shall also apply to the Directorate's employees.

Article 66

(1) Employees working on positions with an extended duration the employment contract will be terminated in case of their inability or their significantly decreased ability for performing those activities, if it is not possible for them to be replaced on other job positions.

(2) The Expert Commission referred to in the Article 59, paragraph 1 of this Law, will determine the inability for work or the significantly decreased ability.

(3) The employees, to whom according to the article 1 of this Law, with regard to the changes in psycho-physically conditions or general health ability, stops the work relation  shall have the right on disability pension.

Article 67

The employees working on positions whose work experience insurance is with an extended duration, who have met the conditions regarding the right of pension, shall be entitled to severance pay according to general provisions.

5. Education of the employees

Article 68

The employees are entitle and obliged to continuous training, education and check ups of their knowledge and capabilities.

The training and education is organised in the Training Centre.

The act on establishing and organizing is passed by the Minister of Justice and the programme for training and education should be passed by the director of the Directorate with the consent received by the Minister of Justice.

The meanings for work of the Centre are provided by the Budget of Republic of Macedonia.

Chapter VI

INSTITUTIONS' FUNDING

1. Provision of funds for the work

Article 69

(1) The funds for the institutions' work are provided by the budget of the Republic's through the budget's user - the Directorate for Execution of Sanctions.

(2) The institutions are financed throughout the budget's user stated in paragraph 1 of this Article, as well from personal incomes.

(3) The institution's funds are  provided by the Budget of Republic of Macedonia and will include the funds for salary of the leading persons and employees, the funds for material expenditure the funds for special purposes, the funds for constructions, reconstruction, maintenance of the buildings and for institutions' equipping, and for equipping of the security service.

- The funds for special will be provided for: feeding, clothes and other living needs of the convicts and pre-trial detainees, for education, travelling expenses with regard to the sending of convicts in the institution and release from institution, expenses connected with the conveying of convicts to the competent organ, reimbursement for the work performed outside of the economy units, health care of convicts and other needs, according to the annual expenses for one day of the convict or of the pre-trial detainee.

- The funds for special purpose referred in the paragraph 2 of this Article will be provided also for: payment of severance pay for the employees when they exercise the right of pension; payment of severance pay in case of an employee's accident at work and for helping their family, if the employ lost the life during conduction of the work, supply of uniforms; armament and other equipment for the security service, as well as the expert improving of the employees within the institution.

(4) The Directorate personal incomes from the convicts' work shall be used for improvement of the conditions for execution of sanctions, modernization and equipment of the institutions and the Directorate, as well as for stimulation of the employees. The Director of the Directorate shall determine the amount of the incomes. 

Article 70

A Programme being made by the Government of the Republic of Macedonia shall determine the amount of funds for construction, reconstruction, maintenance of the buildings and those for outfitting of the institutions as well as their more specific purpose.

Article 71

The Directorate will finance the work of the institutions, will provide for the conditions of the work and also will take care in accomplishing the Programme referred to in Article 70 of this Law.

Chapter VII

ORGANIZATION AND WORK OF ECONOMY UNITS

1. Establishment of economy units

Article 72

(1) One or more economy units shall be founded within the institutions, for the purposes of the dealing with convicts.

(2) The director of the Directorate shall determine the institutions, where the conditions for founding an economy unit do not exist therein.

Article 73

(1) With a decision issued by The Government of the Republic of Macedonia an economy unit will be established.

(2) The initial funds essential for the founding of an economy unit shall be provided within the Republic's budget.

Article 74

(1) The economy units shall be established in order to accomplish the aims of the execution of sanctions.

(2) Primarily, the products and the service from the economy units shall be offered for the needs of the penitentionary institutions by the cost price.

Article 75

(1) The act on founding an economy unit will include the data stipulated with the general regulations concerning foundation of trade societies.

(2) The economy unit shall be recorded in the Register of Companies.

Article 76

(1) Manager shall run the economy unit's work.

(2) The director of the Directorate shall appoint the manager. 

Article 77

(1) The economy unit shall have a status of a corporate body and it shall act within the traffic in its own name and for the sake of itself.

(2) The financial work of an economy unit shall be performed through a special account.

Article 78

The economy unit shall not pay a tax on the income and profit achieved, and it shall be released of other duties, except the excise tax.

Article 79

(1) After payment of the gross income and other reimbursements for the work of the economy unit's employees, as well as after payment of both reimbursement and rewards for the convicts' work, the profit shall be distributed for the purposes of the accumulation in amount of 70%, and 30% of it shall be entered for purposes of construction and outfitting the institutions and the security service.

(2) The Director of the Directorate shall give an approval on the use of the funds for building and equipping of the institutions.

Chapter VIII

SUPERVISION IN THE INSTITUTIONS' WORK

1. An expert-instructing supervision in the execution of sanctions

Article 80

(1) Through its inspectors the Directorate shall perform an expert-instructing supervision over the institutions' work.

(2) The expert-instruction supervision shall include making sure that a sentence will be executed in accordance with the provisions determined with this Law, with effort to be pointed out the modern pen logical principles on improvement and development of the system of execution of sanction, positive experience of functioning of the  modern systems of executing the  sentence of imprisonment; as well conducting a poll, realizing and analyzing the states of affairs as well as removing  problems and weaknesses in the institutions' work.

(3) The expert-instructing supervision referred in the paragraph 2 of this Article shall be performed directly by the inspector for executing sanctions.

(4) In exercising the supervision, the inspector may also engage the participation of scientific and expert institutions or some scientific and expert workers from the appropriate field.

2. Court supervision in executing sanctions

Article 81

The supervision of the court in executing the sentences regarding the treatment with the convicts as well in achieving their rights and obligation is conducted by the judge for execution of sanctions within the basic court in the institutions’ headquarters. 

Article 82

The director of the institution is obliged to ensure the insight on the necessary documentation to the inspector for execution of the sanctions and to the judge for execution of the sanctions also, to enable them with undisturbed performance of the supervision and also undisturbed conversation with the convicts with or without presence of the prison employees depending on the needs,.  

Article 83

(1) The inspector for executing sanctions and also the judge for executing the sanctions, will compel a minutes for the made supervision and established situations in the framework on their authorisation.

(2) If irregularities were established during the supervision referred to in paragraph 1 of this Article, the inspector for executing sanctions and judge for executing sanctions will bring a decisions for removing the determined irregularities within a fixed term and a for re-establishing the violated rights of the convicts.

Article 84

The inspector for executing sanctions and the judge for executing sanctions will announce in between with regard to the established conditions within the institution and on the irregularities established during the performance of their supervision.

3. State Commission's supervision in the executing sanctions

Article 85

(1) The Government of the Republic of Macedonia will establish a State Commission for performing a supervision in the penitentiary institutions, which will be composed of five members selected from among judges, pen logical, sociological and educative workers, the Ministry of Health, the Ministry of Labour and Social Politics, the Ministry of Economy and from among the scientific and expert workers of other institutions for a period of five years.

(2) The State Commission selects its own president and his deputy.

(3) The State Commission have the task, by making an occasional visits to the institutions, to asses the conditions in relation to the implementation of law other regulations and rules for the execution of sanctions, treatment of convicts, the conditions under which they live and work, to conduct a poll as to their position and rights. The institution's director shall be obliged to make possible for the Commission to have an insight into the situations and documentation of that institution and to enable it to have a conversation with the convicts without the institution's employees being present thereto.

(4) The State Commission drafts report on the assessed situations, with appropriate proposals and measures, and determines a deadline for removing the irregularities.

(5) The report foreseen in paragraph 4 of this Article together with the proposals and measures will be submitted by the State Commission to the Government of the Republic of Macedonia, the Directorate and to the court competent for executing sanctions.

(6) The institutions and the Directorate are obliged to act in accordance to the remarks made by the State Commission and to remove the irregularities within the prescribed deadline.

Chapter IX

ACTING DURING THE EXECUTION OF SENTENCE OF IMPRISONMENT

1. Referral of convicts

Article 86

(1) The Judge for execution of sanctions determined according to the convict's place of permanent residence that is his place of temporary stay, shall be competent organ to take the necessary actions for executing the sentence of imprisonment.

(2) If the place of the convict's permanent or temporary residence is unknown, the court, which has taken the first-degree decision, shall be competent for the referral of the convict for serving his sentence

(3) If the convict's permanent residence that is his place of temporary stay is unknown or he is inaccessible, the court which has taken the first-degree decision, shall request from the organ of an internal affairs to locate him and immediately inform the court with regard to his address.

(4) The procedure for sending the convicts is considered as urgent.

Article 87

The court, which has taken the first-degree decision, shall deliver to the competent court for execution of sanction all the data’s about the convict's personality, which have been obtained during the procedure and which are relevant for the executing the  sentence, together with the decision on execution.

Article 88

The Judge for execution of sanctions is obliged to take the necessary actions to execute the sentence of imprisonment immediately after the reception of the executable decision but at latest within eight days after its reception.

Article 89

(1) Summoning of the convict to serve the sentence of imprisonment is performed through handing over the invitation personally, that includes the day when he should appear in the relevant institution.

(2) The convict will be warned with the invitation (referral act) that he will be forcibly taken to the institution and will pay the expenses for his forcible escort if he doesn’t appear on the determined day in the institution.

(3) In determining the day of convicted person coming to the institution, should be taken in to consideration that the convict should have at least eight or maximum thirteen days left after he has received the prison invitation (referral act).

Article 90

(1) The Judge for execution of sanctions with submission of referral act to the convict, will also inform the institution about the day when the convict should come and will submit a copy of the enforceable and executable verdict with which the sentence was pronounced the sentence, an excerpt of the criminal records, as well as other available information on the convict's personality in his disposal.

(2) If the convict failed to appear on the determined day for execution of the imprisonment sentence the institution without delay will inform the Judge for execution of sanctions.

(3) The Judge for execution of sanctions in regard to the situation stipulated in paragraph 2 of this Article, will issue immediately order to the Ministry of Interior for apprehension of this convict with what the judge will request from the unit issuing of search warrant, if the convict is concealed or at large, for the purposes of his location and escort to the institution for execution of the imprisonment sentence.

Article 91

(1) The judge for execution of sanctions will bring a decision concerning the payment of the expenses made because of the convict’s apprehension and transportation to the institution.

(2) The convict has a right to lodge an appeal against the decision foreseen in paragraph 1 of this Article to the penal council of the court competent for execution of sanction within three days after he has received the decision.

(3) The appeal itself does not postpone the execution of the decision.

2. Delay of the beginning of execution of the sentence imprisonment

Article 92

(1) Upon the request of the convicted person who is on freedom, the execution of the sentence beginning can be postponed:

1) If he is hospitalized because of a very serious acute illness or from addiction;

2) If a death or a serious illness happened within the closest family of convicted person;

3) If the postponement is necessary for carrying out or completing the pressing field or seasonal matters or for the matters caused by natural disaster or by other accident and if there is no sufficient labour force within the convicted person’s family;

4) If the convicted person is obliged to carry out determined work being already started by him, which an execution shall cause a more significant damage;

5) If the postponement is needed for the convicted person to finish the schooling year or to pass his prepared examination;

6) If a spouse or other members of the joint household are convicted together with the convicted person, or some of them are already serving the sentence, and with referral that all these persons serve their sentence would have endangered the care of the aged, ill or juvenile members of his family, or the normal function of that household would have come in to a question;

7) If a female is convicted, whose child is younger than one year, or she is pregnant and there are not more than three month’s before her giving a birth; and

8) If it is necessary for the convict a determined time to take care and educate the children or to take care of the helpless persons for whom he is obliged to do so, according to the opinion given by the organs of social protection within the municipality where those children or persons have their own permanent or temporary residence.

(2) The execution of the  sentence referred in the paragraph 1, item 1 of this Article, can be postponed as long as the illness or the medical treatment lasts, for the cases referred in paragraphs 2, until 4 and 8 of this Article at most for three months in the cases referred in paragraph 5 of this Article it may be postponed until the end of school year and for a period of six month for the exam; in the cases referred in paragraph 6 it can be postponed at the longest for a period of six months and until the child becomes one year of age in the cases referred to in paragraph 7 of this Article.

(3) The convict whose execution of imprisonment sentence referred in paragraph 1, item 1 of this Article has been postponed, is obliged to submit a proof of his health condition every 30 days.

(4) The postponement request for starting the execution of the imprisonment  sentence for the cases referred in paragraph 1 and item 1, can also be submitted by the spouse, first blood relative, adoptive parent, adoptee, brother, sister and guardian.

Article 93

(1) The request for postponing the execution of the sentence beginning is ought to be submitted within three days from the day of the reception of the referral act. If the reason for the postponement stipulated in the Article 92 paragraph 1, items 1 and 2 of this Law had occurred after that deadline, the request can be submitted until the day when the convicted person should appear to start the execution of his sentence.

(2) Sufficient evidence should be enclosed together with the request, to justify the reasons for the postponement.

3) Upon the request for postponing the beginning of execution of the sentence of an imprisonment shall be decided by the judge for execution of sanctions who is obliged to bring a decision within three day after the reception of request. Before bringing the decision, the judge may investigate the circumstances stated in the request. The beginning of sentence’s execution will be postponed until the decision on the request is not rendered.

Article 94

Against the decision refusing the request for postponing the beginning of execution of the imprisonment sentence, the convict is entitle to lodge an appeal to the Criminal Council of the competent court for execution of sanctions within three days from the day of the reception of the first-degree decision. The appeal postpones the execution of the sentence. The Criminal Council is obliged to decide upon the appeal within the term of three days after the reception of appeal.

Article 95

(1) If the convicted person with imprisonment sentence has been called to serve his compulsory military service or military exercise, he shall be first referred to serve the sentence before serving the compulsory military service that is military exercise.

(2) If the person while serving the compulsory military service or military exercise has been convicted up to 6 months for a criminal act committed before the commencement of his compulsory military service or military exercise, the beginning of serving the sentence shall be postponed until the end of the compulsory military service that is military exercise.

(3) The  execution of the sentence is also postponed to the convict being sentenced with the imprisonment  sentence or juvenile imprisonment up to two years, if it has been pronounced for criminal act committed before he has began to serve his compulsory military service and if there aren’t  more than six months until the end of his military service.

Article 96

(1) When the competent Public Prosecutor according to his lawful authorisation will request postponement of the commencement of serving the imprisonment sentence, the Judge for execution of sanctions will not summon the convict to serve his sentence, but, if he has already called and the deadline to appear in the institution didn’t expired, the judge will bring a decision to postpone the commencement of the execution of sanction.

(2) The postponement of the commence of execution of the sentence in the cases foreseen  in paragraph 1 of this Article, will last until the Public Prosecutor does not inform  the Judge for execution of sanctions that the execution of the imprisonment  sentence can start , respectively until the decision upon Public Prosecutor's legal remedy has not been  passed.

(3) The decision for the postponement of the commence of execution of sentence, which has been brought upon the request of the Public Prosecutor, shall cease to be valid, if the Public Prosecutor did not use any legal remedy within the term of 30 days from the day of the decision's reception.

Article 97

(1) According to the conducted procedure, the Judge for execution of sanctions may revoke the postponed beginning of the execution of  sentence of imprisonment if the reasons according to which was allowed ceased to exist, , as well when the convict did not use the allowed postponement for the purposes for which it had been given.

(2) The Centre for Social Welfare, the Public Prosecutor and the Unit for Internal Affairs will inform the Judge for execution of sanctions about the reasons for revoking the decision for postponement of the imprisonment sentence.

Article 98

The postponement of the beginning of the execution of the imprisonment sentence may also be decided by the court, competent for making a decision on the request for repetition of criminal procedure which was submitted in favour of the convict and also upon the request for an extra –ordinary revision of the enforced verdict, under the conditions stipulated with law.

Article 99

(1) The Judge for execution of sanctions will reject the resubmitted request for postponement of the beginning of  sentence's execution according to the same ground under article 92 of this Law for postponement of the commence of execution of sentence.

(2) The re submitted request will not postpone the beginning of sentence’s execution.

3. Reception of convicts

Article 100

(1) At the reception of convict in the institution, his identity shall be identified with the data contained in his identity card or in any other document suitable for establishing his identity.

(2) The data contained in the convict's verdict should be identical to those contained in his personal documents, under which the convict's identity is established.

(3) If the data referred to in paragraph 2 of this article are not identical or the identity of the convict can not be established, than the Directorate shall be obliged to establish the convict's identity within 24 hours by using the MoI's identity records.

(4) At his reception in the institution, the convict will be photographed and fingerprinted, and his documentation shall be scanned.

Article 101

(1) The data on the day and hour of the convict's reception in the institution, his identity, the referral act's number, the number and the date of the verdict, the data’s obtained from examining convict's personality and the report on his health situation, shall be recorded, completed and kept as official documents of confidential nature, which are accessible only for the authorized official persons.

(2) After the reception, the convict will be referred to the division for examining his personality and for determining the treatment and conduction with regard to him (e.g. receipting division). The convict shall stay in this division maximum 30 days.

(3) In the institutions within which the imprisonment sentence up to two years is executed in the reception unit, the convict shall be kept up to 15 days.

Article 102

In the reception division, the convict will be acquainted with the house rules of the institution, the rights and duties during serving the sentence and with the way of their realization.

Article 103

(1) The Judge for execution of sanctions will be informed immediately about the convict's reception in the institution.

(2) The institution is obliged to inform the respective Centre for Social Welfare about the convict's reception.

(3 The institution,  together with the information stipulated in paragraph 2 of this  article,  is  obliged to notify also whether the convict has juvenile children or others whose care is his responsibility only,

Chapter X

THE CONVICTS' POSITION

1. Convicts' classification

Article 104

Starting from the general principles of the executing a  sentence of imprisonment as well as from the convict's position determined with a court judgement and from both the aims and criteria of the classification, both the expert team of the institution and its director shall determine the convict's classification, accommodation, programme on convict’s treatment and labour engagement.

2. Accommodation of convicts

Article 105

The premises for accommodation of convicts should meet the basic hygienic requirements and should be brought into conformity with the environment climatic conditions; furthermore, they should be appropriately equipped and constructed in a way which allows the needed ventilation and sufficient natural light.

Article 106

(1) The premises where convicts are accommodated must not be moist and each convict should be provided with at least 9 cubic meters space.

(2) The premises where convicts live and work therein must have the needed sanitary and hygienic installations and there must be provided also other conditions for maintaining personal hygiene; furthermore, they must be provided with sufficient light for the convicts to work and read without their eyesight to be injured thereby, and they must be heated and ventilated.

(3) All premises shall be kept in a clean and decent manner.

(4) The convicts may be allowed to decorate the premises, as their own privilege, if it does not violate the house rules.

Article 107

(1) The convicts shall be accommodated in separate rooms at night in accordance with the institution's possibilities, except in the cases when it is estimated that their joint accommodation has advantages.

(2) In cases of their accommodation in joint premises, a careful selection should be made of those convicts who are suitable for socializing with other convicts in these institutions. At night, there must be a supervision, which is brought into conformity with the institution’s type and nature.

(3) The convicts' accommodation in joint premises must not exceed the number of 5 persons in one sleeping room.

(4) Each convict must be provided with a separate bed.

3. Clothing and bedding of the convicts

Article 108

(1) The convicts shall be provided with clothing.

(2) The convicts may be allowed to wear their own clothing.

(3)The convicts who work shall be provided with working clothing.

(4) The convicts' clothing, underwear and shoes should be suitable for the climatic conditions and the season.

Article 109

(1) The clothing must not in any manner be degrading or humiliating one.

(2) Both the clothing and shoes should be clean and in good order. The underwear should be changed as frequently as it is necessary to maintain a personal hygiene.

(3) When the convict is allowed to go out of the institution, he has to be allowed to wear clothing which shall not call the attention of other people towards him.

Article 110

(1) The convict has to be provided with appropriate bedding suitable for the climatic conditions.

(2) The bedding should be maintained in a good order and changed as frequently as it is necessary for the bedding to be always clean one.

4. Convicts' personal hygiene

Article 111

(1) The convicts shall be obliged to maintain their personal hygiene and therefore they should be provided with water and with toilet articles as are necessary for both maintaining hygiene and preserving the health.

(2) Because of healthy reasons and in order to maintain their good appearance and self-esteem, the convicts should be enabled to maintain the hair and its cutting, and the convicts-males should be enabled to shave themselves.

5. Convicts' food

Article 112

(1) The convicts shall be provided with food, which must contain at least 12.500 joules daily per convict.

(2) The food shall be given in three meals daily, at the usual hours for it, and it shall be served in a decent way.

(3) The food must be adequate to the scientific knowledge as to food, and it has to be heterogeneous as well as tastefully prepared.

(4) The Director of the Directorate will govern an act for the norms for food preparation.

Article 113

(1) The food shall be equal for all the convicts and they shall be allowed to choose the food being prepared in the institution.

(2) The convicts performing heavier activities shall receive four meals daily.

(3) The ill convicts, pregnant females before their parturition and those after their parturition, shall receive a food according to the quality and type determined by a doctor.

(4) Every day before the meal’s distribution, the director, the doctor or other qualified person in the institution shall check up the food's quality and enter the findings into the control book.

(5) Healthy drinking water shall be available to the convicts at any time.

6. Convicts' rest

Article 114

The convicts have the right of eight hours-lasting unbroken resting during the day and one day-lasting rest per week.

Article 115

The convicts must be enabled to spend at least two hours daily outside the closed premises.

7. Convicts' work

Article 116

(1) The convicts work in accordance with their both physical and psychological abilities as determined by the institution's doctor.

(2) When determining the working engagement, according to the institution's possibilities, attention shall be paid to the convict's wish for performing certain activities.

Article 117

(1) The convicts' work shall be organised and performed as a rule in the institution's economy units.

(2) The convicts under open section treatment may also work outside the institution. The convicts under half open section treatment may occasionally work under supervision in legal entities and other institutions, if the requirements for the execution of the sentence of imprisonment as determined with this Law are met and if minimum technical conditions are provided.

(3) A person convicted to imprisonment of up to 6 months, and for a crime not related to the nature of the work, may work in the legal entity where he used to work prior to serving the sentence.

(4) The Director of the Directorate shall give consent for performing a work outside the institution upon a contract with the company or with other institution and will ensure a written consent from the convict.

Article 118

(1) The full working hours of the convicts shall be 40 hours weekly.

(2) As an exception, the full working hours of the convicts may last longer than 40 hours weekly, in the cases and under the conditions as stipulated by law.

(3) The convicts may work overtime up to two hours daily when they perform the activities necessary for maintaining hygiene and other ongoing activities necessary for the normal life in the institution.

(4) The duration of the full working hours shall be shortened for the convicts who attend classes of an elementary or secondary education.

Article 119

(1) The convicts shall have the right of compensation for the work.

(2) The compensation's height shall be determined depending on the type, quantity and quality of both the product and the work being done by the convict himself, as well as depending on his skilfulness for performing such a kind of work, his engagement in the work and his contribution to the decreasing of production costs.

(3) Both the convict’s compensation and rewards for work, shall not subject of paying taxes and other burdens.

(4) In accordance with the provisions of this Law, by means of a general regulation, the director of the Directorate shall regulate more specifically both the compensation and rewards for the work of convicts, and those who don't work without their own guilt shall be provided with the essential means for satisfaction of their personal needs.

Article 120

(1) The convicts being temporarily unable to work without their own guilt because of illness, shall have a right of compensation from the funds achieved by the convicts' work, with an appropriate implementation of the general regulations on health insurance.

(2) The convicts who don't work without their own guilt and who have not their own funds, shall be provided by the institution with the essential means for satisfaction of their personal needs.

Article 121

70% of the convict's compensation may be used to satisfy personal needs, and the remainder of 30% shall be kept as a deposit in the institution and shall be given to the convict at his release from serving the sentence or, upon his request, it may be given to his family during serving the sentence.

Article 122

As to the innovations and technical improvements achieved during serving their sentence, the convicts shall have the rights according to the general regulations.

Article 123

(1) The convicts having spent 6 months of an unbroken work, including here also the time spent for healing because of their labour injury or vocational illness, shall have a right of an unbroken annual vacation in accordance with the general regulations.

(2) If not otherwise stipulated by this Law, the vacation shall be spent in special premises of the institution. The stay in those premises during the annual vacation should be organised in a way that will make possible relaxation, recreation and rest for the convict.

(3) During spending the vacation, the convict shall receive a compensation for work as if he has worked.

Article 124

(1) Both the sections and workshops where convicts work therein shall be contemporarily equipped.

(2) When organising sections and workshops, attention shall be paid to the ecological protection of the environment, land, air and waters against any kind of pollution.

Article 125

(1) The convicts shall have the minimum technical prerequisites for protection while performing work.

(2) The convicts shall have a right of disability insurance for an accident at work or a vocational illness.

8. Old age pension of the convicts

Article 126

The convicts shall be granted an accrued time for the period of time which they shall spend working with full working hours according to the general regulations, if they pay the contributions from the compensation for work.

9. Health care of the convicts

Article 127

(1) A physical doctor shall be obligatory employed in the institutions who shall take care of the convicts' health conditions.

(2) The convicts shall have a right of health protection according to the general regulations.

(3) The convicts shall be provided with the necessary medical aid and hospital treatment according to the general regulations.

(4) The expenses for the health protection of the convicted person shall be covered by the Budget of Republic of Macedonia.

Article 128

(1) The doctor has to check-up each convict and to determine the convict's personal state of health at his reception for serving the sentence and at his leaving the institution.

(2) The data on the convict's state of health shall be entered into his personal list.

Article 129

The convicts with determined physical and mental disturbances, as well as certain addictions, shall be subject to medical treatment in the institution, and when it is necessary, upon medical findings of a doctor, they shall be referred in an appropriate medical institution.

Article 130

The convicts suspected of being ill of a contagious disease, or noticed to suffer physical or mental disturbances which may prevent them from their adaptation in the milieu, shall be accommodated in special premises of the institution, upon both medical findings and referral by the doctor.

Article 131

The convicts who, during their serving the sentence, will get hold of mental illness, or demonstrate a severe psychological disturbance determined by a doctor-psychiatrist, shall be sent by the institution to the appropriate health institution for treatment and keeping until there is no longer a need for their further keeping and treating as determined according to the general regulations.

Article 132

(1) An ill convict may request a specialist medical check-up at his expense, if the institution's doctor has not determined such check-ups.

(2) The institution's director shall decide the convict's request after receiving an opinion by the institution's doctor.

Article 133

The time spent by the convict for his healing shall be included in the time being spent at serving his sentence of imprisonment.

Article 134

(1) If the convict endangers his health or life by refusing food or by refusing medical treatment, necessary medical measures to feed and heal him may be undertaken even without his consent.

(2) The institution's director, according to the institution's house rules, shall decide the expenses of the undertaking the necessary medical measures referred to in paragraph 1 of this Article.

Article 135

Upon every heavier disease and harder disturbance of the convict's state of health, the institution shall inform the convict's family about it.

Article 136

The young adults shall be subjected to systematic check up at least once a year.

Article 137

(1) As to the leave of absence from work, the general regulations shall be applied upon the convicts-females during their pregnancy, parturition and maternity.

(2) Convicted pregnant females and nursing mothers shall be provided with an expert medical care.

(3) As a rule, the convicted pregnant females, upon a proposal by the doctor, shall be referred to the maternity section four weeks prior to their parturition.

(4) As a rule, the convicted pregnant females shall give a birth in a general health institution, except in the cases when the necessary conditions for safe parturition of the convicted pregnant female are provided within the institution..

(5) As a rule, the convict-nursing mother shall stay in the maternity section until her child has become one year aged, if before it she has not been released from the serving her sentence.

(6) The birth registry must not include the data which shall imply that the child has been born in a penal-correctional institution.

10. Education of the convicts

Article 138

(1) As a part of the general system of education and training, an elementary education shall be obligatory organised in the institutions.

(2) The convicts' education may be organised in the institution itself or in the place of the institution's head office.

(3) The Ministry of Education and Science shall organise an obligatory elementary education for the convicts upon suggestion by the Directorate.

Article 139

(1) A certificate shall be issued for those convicts who have finished the appropriate type and degree of education.

(2) The certificate must not include any indication which implies that the education and training have been achieved in a penal-correctional institution.

(3) The convict may be allowed to attend a part-time education at his expenses in all the educational institutions at freedom if it is in conformity with the institution's house rules and work.

Article 140

The institutions may also organise special forms of vocational qualification of the convicts, such as training courses, seminars and other forms of vocational qualification with practical work, in accordance with the general regulations on vocational qualification.

11. Leisure activities, sport and recreation of the convicts

Article 141

(1) The institutions must be provided with conditions for organising and developing sports, recreational and other leisure activities, which are of relevance to the maintaining of physical and mental health of the convicts.

(2) The Programme on sports activities, recreation, achieving and satisfying cultural-artistic and other needs of the convicts, shall be regulated as a part of the convict's treatment and qualification. For this aim, the institution shall be provided with the necessary space and equipment.

Article 142

(1) The institutions shall have libraries.

(2) The convicts may use books and daily press in Macedonian language and in the language and letter of their ethnicity or in the language they speak.

(3) The convicts may use the library's books and daily press or they may provide them by themselves.

(4) Furthermore, the convicts shall be also enabled to use the other means of public information and communication.

12. A corrective work with the convicts

Article 143

(1) The corrective work with the convicts, as determined by the Programme, shall be also accomplished with a special care given for the resolving both the personal and common problems of the convicts through individual and group conversations as well as through implementation of appropriate methods and procedures of treatment.

(2) For the purposes of exerting a corrective influence, the convicts' self organisation shall be employed as a form of work, especially as to the matters of improving the conditions of common life and work as well as to the resolving problems of some convicts.

13. Satisfaction of the convicts' religious needs

Article 144

The convicts shall be allowed to satisfy their religious feelings and needs in accordance with the institution's conditions and possibilities.

14. The convicts' contacts with outside world

a) Correspondence

Article 145

(1) The convict shall have a right to keep up a correspondence.

(2) The correspondence in the institutions of closed type and in the closed divisions shall be performed under the supervision of the institution.

(3) The institution's director shall prevent the delivery of a letter if it is necessary for protection of the convict's personality or for the reasons of the institution's security.

(4) The convicted person shall be entitled without any kind of limitations to communicate with his defence lawyer, the state institutions and with the international organisations for protection of human rights.

b) Telephone calls

Article 146

(1) The convict may be allowed to have telephone calls.

(2) Upon request by his family, the telephone conversation with the convict may be allowed if it is necessary for him to be informed about something which is urgent and which can not be postponed.

(3) The telephone conversation in both the institution of closed type and in the closed division shall be made in presence of an official person.

c) Visits

Article 147

The convicts shall have a right to receive visits from the members of their closer family, and if allowed by the institution's director, they shall also receive visits from other persons.

Article 148

The convict is entitled upon his request to be visited by his defence lawyer or proxy holder who represents him in his legal and other affairs.

The visit of the defence lawyer shall be performed without presence of an authorised person.

Article 149

The organisation's representatives, associations, media, and scientific institutions can visit the convicted persons and the penitentiary institutions with permission by the director of the Directorate obtained in advance.

Article 150

(1) If convicted a foreign national, stateless person or refugee, the consular representatives of their states or of the state protecting their interests may visit those convicts in accordance with the rules of international law, under the conditions of the reciprocity.

(2) The consular representative shall be obliged to announce and appoint in advance his visit to the institution where the convict serves the sentence.

Article 151

While performing the visit, if security so requests, an authorised employee of the institution may search the person who makes that visit.

Article 152

(1) The visit of convicts may last up to 60 minutes.

(2) The institution's house rules shall determine the time, the way and the length of the visit's duration.

Article 153

(1) The Director of the Directorate will enable visits by representatives or authorised persons of the state organs and other institutions who, in accordance with this law, the general regulations and the International Law, are supervising the penitentiary institution's work.

(2) The Director of the Directorate will enable the representatives or authorised persons of competent state organs to make visits in order an enquiry to be conducted as well as to collect sufficient evidence for conduction of criminal procedures.

(3) The Director of the Directorate may permit visit of representatives of:

1) Institutions and associations tasked to work on the protection of the human rights of convicted persons

2) Means of public information

3) Institutions, science-educational institutions, associations and persons who work on a research study for elimination and prevention of crime.

(4) The visitor compulsory has to hand over written request with the explanation of the reasons for the visit.

(5) The Director of the Directorate may permit the visitor from paragraph (3) a conversation with convicts.

(6) The Director of the Directorate may allow taking photos of facilities from the penitentiary institution. The employees, as well as the convicts from the penitentiary institutions can be photographed only with their consent.

(7) The visitors will be warned which information is considered to be official and professional secret and that can only be published after the granted permission by the Director of the Directorate.

(8) The visit by a person stipulated in paragraph (3) from this article could be postponed or denied because of security reasons.

(9) In the penitentiary institutions the search towards the visitors from paragraph (1), paragraph (2) and paragraph (3) will be performed.

Article 154

The convicted person has the right to refuse any photographing, recording, as well as meeting the visitor.

d) Receiving mail parcels

Article 155

(1) The convicts may receive mail parcels.

(2) Both the articles' type and weight of the mail shall be determined by the institution's house rules.

(3) Before handing the mail parcel, its contents shall be checked up in the presence of the convict.

(4) The convicts have a right to receive a monetary parcel, which they handle in accordance with the institution's house rules.

15. Convicts’ marriage

Article 156

(1) The convict may be married while serving a sentence.

(2) If it is impossible for the marriage to be concluded before the competent organ at freedom, it shall be made in a special room of the institution.

16. Benefits of the convicts

Article 157

(1) As a result of their good behaviour and their working efforts, as well as to induce the convicts to have a good behaviour and to develop the sense of responsibility and an interest and co-operation in the treatment conducted in the institution, the convicts may be given some benefits, such as:

- extended visits or visits without supervision in the institution's premises;

- stay with the married or illegitimate partner in separate premises without supervision;

- visits outside the institution's premises;

- free exit from the institution up to 7 hours;

- leave up to fifteen  days during one year, but the leave can not be longer than 3 days during a month’s period;

- entirely or partly usage of the leave outside the institution; 

(2) Due to unjustified lateness for more than 24 hours when returning from a stay out of the institution, the director of the institution will issue an order for issuing a warrant.

(3) The time of the unjustified lateness from the stay out of the institution for more than 24 hours will not be calculated in the serving of the sentence. 

(4) The conditions and the way of providing the benefits referred to in paragraph 1 of this Article, and the other benefits shall be regulated with the institution's house rules in accordance with the type of the institution,.

17. Convicts' displacement

a) Convicts' progression

Article 158

(1) While serving their sentence, depending on the results of their education, behaviour, participation in the work, the convicts may be progressed from closed to a semi-open or open type or in to appropriate departments of the same institution, and according their request, the convicts can progress from more liberal institution into open or semi-open department in institution with more strict regime, or from one into another institution of the same type, if there are ground reasons that will  help in their more successful re-socialisation.

(2) More specific provisions as to the time which the convict has to spend and the conditions which he should meet in the institution of a certain type or in the appropriate division of the institution of general type shall be stipulated with this Law and with the general regulation taken by the director of the Directorate.

Article 159

(1) The director of the Directorate upon a proposal by the director of the institution or upon a request by the convict will decide on the progression of the convicts from one institution to another.

(2) The progression of convicts from one to another department of the institution shall be decided by the director of the institution, under the conditions referred to in Article 158 of this Law.

(3) The convict may submit a repeated request for progression, after expiration of 3 months from the legal-efficiency of the decision taken on his previous request.

b) Convicts’ re-progression

Article 160

(1) If the convict with his own behaviour and attitude towards the work has not justified the confidence for his referring or progressing to institution of more liberal type, he may be retained from such institution to an institution of more strict type that is in appropriate division of the same institution.

(2) The director of the Directorate upon a proposal given by the director of the institution shall decide the convict's return from an institution of more liberal type to an institution of stricter type.

(3) For the convict's return from a semi-open or open department to closed department of the same institution will be decided by the director of the institution.

c) Convict's transfer

Article 161

(1) The convict upon his request or upon a proposal by director of the institution, may be transferred from one into another institution of same type for further serving of his imprisonment, sentence if his life or corporal integrity has been endangered by his further stay in that institution or if the security situation of another convict or those of the institution have been endangered by his further stay there.

(2) A convicted person can be transferred for further serving of the sentence from one into another institution from a different type only on the proposal of the Director of the institution, if with the further stay in the institution the safety of the same one, the life of the convict, his/her integrity or the integrity of another convict is endangered. And also, if there are no conditions for a normal and safe execution of the imprisonment sentence, because of the overfull capacity of the institution, or because of the rationality in the court procedure which is conducted against the convict during the serving of the sentence in front of the court but outside of the institution’s residence where the convict serves the sentence, or due to a reasons where appropriate medical protection is necessary. 

 (3) The Director of the Directorate shall decide for the transfer.

(4) Against the decision of the director of the Directorate may be lodged a complaint to the Minister of Justice, within the term of 8 days after the receiving of that decision.

d) Termination of the serving sentence of the convicts

Article 162

(1) Upon request by the convict or upon proposal by the director of the institution, and according to the opinion of the prison medical service and by previous opinion of the competent public prosecutor, the judge for execution of sanctions may interrupt serving of the sentence longer than 30 days for the purpose of healing, if there are not conditions for the healing to be carried out in the institution or the institution shall refer him to an appropriate health institution.

(2) Sample from the decision should be also submitted to the competent public prosecutor.

(3) The convict being granted with the interruption of serving his sentence for the purpose of healing, shall be obliged to send a certification on his state of health to the judge of execution of sanctions every month. The judge for execution of sanctions shall revoke the decision for interruption of the sentence, if it is established that the reasons, under which that decision was taken, have been relinquished. .

(4) A proposal for putting the decision out of force can be submitted by the authorised public prosecutor. With proposal, the public prosecutor can request from the judge for execution of sanctions, to conduct independent medical examinations over the convicted person.

(5) Against the decision brought upon the request for the interruption of serving a sentence, the convicted person and the competent public prosecutor have the right to appeal to the criminal council of the court which is competent for execution of the sanction.

Article 163

(1) As to convicts sentenced with sentence of imprisonment, the director of the Directorate may stop the serving of their sentence for a period up to 30 days, because of the reasons referred to in the Article 92 of this Law.

(2) Against the decision taken by the director of the Directorate, the convict shall have the right to complaint to the Minister of Justice, within a term of 8 days from the decision's reception.

Article 164

The time spent during the interruption of the sentence is not included in the served sentence.

Article 165

If the convict has not returned to serve further his sentence after expiration of the time of the sentence’s stoppage referred to in Article 162 and 163 of this Law, the institution at once will inform the judge for execution of sanctions who will take legal measures for referring the convict to serve the sentence of imprisonment.

Article 166

The competent court may also decide for the interruption of serving the sentence when it decides for some extra ordinary legal remedies lodged by the parties in the criminal procedure.

18. Official persons' relation towards the convicts

Article 167

(1) In carrying out their duties, and in accomplishing the treatment and generally in the contacts or communication with the convicts, the official persons should behave towards them with the proper attention to their personality, with the necessary calm approach, toleration, tactfulness, seriousness and necessary firmness and equity, which shall stimulate the convicts' self-esteem and feeling of personal responsibility.

(2) The official persons should carry out their own duties in an honourable and impartial way, without both malice and bad intention, regardless of the status, sex, race, nationality, religion and political convictions of the convicts.

Article 168

The appearance and the behaviour of the official persons, during and after carrying out their duties, should serve as an example for the convicts, taking always into account the significance of functions and aims which are expected to be achieved from the work with the convicts, where their personal relation has also its own noticeable place thereat.

Article 169

(1) The institution and the official person shall take the necessary measures to achieve and maintain high level of expertness and to broaden the knowledge and competence of the employees who directly carry out activities in the treatment of the convicts.

(2) For accomplishment of the activities referred to in paragraph 1 of this Article, the director competent for the execution affairs upon a proposal by the institution shall take a Programme on permanent training of the official persons in the institutions.

(3) The Minister of Justice shall issue a Code on behaviour of the official persons in carrying out their working duties.

19. Protection of convicts' rights through usage of legal remedies

a) Legal advising and legal remedies for the convicts

Article 170

(1) The institution shall be obliged to provide the convicts information and legal aid how to use the legal remedies and how to take actions to protect their rights.

(2) The illiterate convict may also submit legal remedy or other petition request in minutes that will be taken in the institution.

Article 171

(1) To protect their rights related with their position and treatment in the institution, for questions in relation with the sentence, as well for protecting their families and interests, the convicts shall have a right to submit legal remedies, petitions and other requests to the competent organs and to receive answer from them.

(2) The legal remedies, petitions and other requests referred to in paragraph 1 of this Article, as well as the answers received shall be referred and received through the institution.

(3) On the legal remedy, petitions and other requests as well as on the envelope of the answers received, there shall be written the time and the date of their reception in the institution, and after it, all of them shall be at once sent to the addressee that is the answer shall be delivered to the convict.

(4) In submitting the legal remedies, the convicts shall have a right of discretion.

Article 172

As to the violated right or other irregularity, the convicts shall have a right of an oral complaint to the institution's director or to the person authorised by him.

Article 173

(1) The convicts shall have also the right of written complaint to the institution's director, within the term of 8 days from the day when the right's violation has taken place or 8 days from the learning about that violation.

(2) The illiterate persons are entitled to give the written complaint referred to in paragraph 1 of this Article, at the minutes that will be taken before the institution's official person, which is authorised by the institution's director.

Article 174

(1) The institution's director is obliged to examine the assertions stated in the complaint and to issue a decision within the term of 8 days from the day of appeal’s reception.

(2) Against the decision of the institution's director or in case when the director has not decided on the lodged complaint within the term stipulated in paragraph 1 of this Article, the convict has  a right to lodge a appeal to the Directorate within a term of 8 days.

Article 175

(1) The Director of the Directorate is obliged to examine the assertions stated in the complaint and to issue a decision within a term of 15 days from the reception of the appeal.

(2) The Directorate's decision foreseen in paragraph 1 of this Article will be considered as final, and the convict has a right of court protection.

(3) The convict has also right of court protection, if he has not received an answer from the Directorate within the term determined in paragraph 1 of this Article.

Article 176

Against the decisions issued by the competent court on progression, re-progression, transfer, stoppage of the sentence for a period longer than 30 days and parole, as in other cases determined by this Law, the convict has a right of appeal to the higher court within a term of 3 days from the reception of decision.

Article 177

(1) If not otherwise stipulated by this Law, the convict's complaint will not postpone the execution of the decision, against which an appeal has been lodged.

(2) The procedure for protection of the rights of the convicts’, which have been initiated by using legal remedies, is urgent.

b) Convict’s right to complaint in front of the European Commission and European Court for Human Rights

Article 178

(1) The convict may submit a complaint to the European Committee for prevention from torture and inhuman behaviour and to High commissioner for Human rights in United Nations when he considers that his human rights have been violated during the serving of his sentence.

(2) Upon request by bodies referred to in paragraph 1 of this Article, the director of the Directorate shall entirely examine the complaint's assertions of the convict and he shall inform the appropriate body about the established facts through the Ministry of Justice.

(3) The director of the Directorate shall enable the representatives of the body referred to in paragraph 1 from this Article to have an immediate inspection and conversation with the convicts and the official persons, for establishing the situation upon a convict's complaint lodged to those bodies.

Chapter XI

MAINTENANCE OF ORDER AND DISCIPLINE

1. Convicts' duty to maintain order and discipline

Article 179

(1) Order and discipline are maintained in the interest of the institution's security, in order to enable joint life of the convicts and to achieve the aims of the treatment.

(2) The convicts are obliged to adhere to the provisions of this Law and house rules, to carry out the duties stemming from the programme on treatment and to adhere to the orders of official persons.

2. Convicts' disciplinary and material responsibilities

Article 180

(1) The disciplinary violations can be severe and light violations.

(2) Severe disciplinary violations are:

- not fulfilling the order given by the official person by which bigger disturbances will occur during the work in the institution;

- physical attack of official person or other convict;

- taking in or making tools which can be used for assault, escape or committing a criminal attack;

- escape from serving an imprisonment sentence;

- misuse of the given benefits;

- taking in or making of alcohol beverages or narcotics, their use and distribution;

- deliberate violation of the regulations for prevention while working, protection of fire, explosion or natural disasters;

- causing bigger material damage, if caused deliberately or by big negligence;    

- making reselling;

- borrowing money or mutual putting in debt for usury interest;

- Use of coercion, performing psychological and physical shape of pressure towards other convicts and instigation towards it;

- Repetition of lighter violations. 

(2) Lighter violations of the discipline are determined with the house rules of the prison.

Article 181

For violation of order and discipline upon the convicts the following disciplinary penalties may be implemented:

1. Warning;

2. Public warning;

3. Taking away a part of the labour compensation in amount up to 20% of it.

4. Limitation of the giving of benefits up to three months if the convict has misused the given privileges;

5. Referring to solitary confinement for a period of 3 to 15 days with or without the right to work

Article 182

(1) Disciplinary penalties are pronounced by the institution's director or by his deputy.

(2) During the disciplinary proceedings, the convict must be interrogated and his statement has to be double checked.

(3) While pronouncing the disciplinary sentence the behaviour of the convict and his previous disciplinary penalties shall be taken into consideration.

(4) Before the convict started to serve the disciplinary sentence of referring to solitary confinement, medical opinion for the state of his health condition will  be issued by the doctor of the institution.

Article 183

(1) The disciplinary penalties, limitation for granting benefits up to 3 months, if the convict misused the given benefits and referring the convict to solitary confinement from 3 to 15 days with or without the right to work, can be pronounced for more severe disciplinary breaches..   

(2) The execution of the disciplinary penalties, limitation while giving benefits and referring to solitary confinement, may be conditionally postponed up to 6 months, if there is reasonable expectation that the aim of disciplinary penalty shall be also achieved without execution of the disciplinary sentence.

(3) The conditional suspension of the execution of disciplinary sentence will be revoked if the convict which is conditionally sentenced will be again disciplinary punished during the period of the suspended execution. In case when the suspended execution of sentence is revoked, there shall be pronounced one sentence for the previous and for the new disciplinary violation, and here, the referring to solitary confinement may be pronounced up to 30 days.

(4) The disciplinary sentence solitary confinement in duration of 30 days can be also pronounced to a convict for committed severe disciplinary destruction which is anticipated as a criminal act for which a fine is foreseen or carrying a sentence of imprisonment up to 1 year.

(5) The execution of the pronounced disciplinary sentence can not be postponed if the convict is punished for a violation, which is foreseen as criminal act for which the Law prescribes imprisonment to one year.

Article 184

(1) While executing the disciplinary sentence of referring to solitary confinement, the convict shall be provided with the necessary hygienic and medical services and he shall be enabled to read books and newspapers.

(2) The room, where the disciplinary sentence of referring to solitary confinement is executed, must have a size of at least 9 cubic meters, and it has to be lightened with natural light, equipped with a sanitary facilities, drinking water, bed with bed linen, chair and table, and it must be heated.

(3) The convict being disciplinary punished with his referring to solitary confinement, shall be provided with a stay at fresh air for one hour daily outside from the closed premises.

(4) The punished person shall be visited by a doctor everyday, and the institution's director shall visit him at least once week.

Article 185

The disciplinary sentence of referring to solitary confinement shall not be executed or shall be suspended, if the execution endangers the health of convict. Here the pronounced disciplinary sentence may be replaced with another milder sentence.

Article 186

The director of the institution may suspend the execution of disciplinary sentence, if he has already established that the aim of disciplinary punishment was achieved through the execution of sentence by that time.

Article 187

(1) The convict is responsible for the damage he has caused in the institution intentionally or through his extreme carelessness.

(2) Commission appointed by the director of the institution will decide for the facts, if there is damage, the height of the damage and under which condition and circumstances the damage was done and also for the terms and way of compensation of the damage.

(3) In case when the convict has refused to pay the damage, the institution may also accomplish its own demand by bringing a legal suit before the competent court.

Article 188

(1) Against the decision regarding the pronounced disciplinary  sentence, as well as against the decision referred to in Article 187 of this Law, with which for a damage compensation has been decided, the convict shall have a right of complaint to the director of the Directorate, within a term of three days.

(2) The convict's complaint shall not suspend the decision's execution.

(3) The procedure of deciding on the complaint shall be urgent.

3. Use of forcible means and firearm

Article 189

(1) The use of forcible means may be applied against the convict when it is necessary, but not more than it is necessary, to prevent an escape from an institution and at conveying, as well as for the purposes of preventing a physical attack, injuring, causing a material damage or surmounting a resistance of convicts in relation to lawful order taken by an official person.

(2) The forcible means, which may be used, are the following: the separating, tying, rubber truncheon, hoses with water, chemical means and dogs.

(3) The conditions and the way of use of the forcible means shall be determined by general act of the Directorate’s director.

Article 190

(1) While performing an official action, the member of the service for security may use a firearm if it is otherwise impossible to:

1. Protect the human life;

2. Refuse a direct attack that endangers his life;

3. Refuse an attack on object being secured by him;

4. Prevent an escape of convict from the institution of closed type that is from closed department in the institution; 

5. Prevent an escape of convict during his conveying, if he has been sentenced for a criminal act carrying a sentence of imprisonment of 15 years or longer.

(2) The member of the service for security may use a firearm, if the usage of other forcible means could not secure the carrying out of the official action.

(3) In case when the official action is performed under direct leadership of the director of the institution or by the official person who is leading the service for security, the member of the service for security may use the firearm only on their order. The order for usage of firearm may be issued only if the conditions referred to in paragraph 1 and 2 of this Article are met.

(4) In using the firearm, the member of the service for security shall be obliged to keep the life of other persons.

Article 191

(1) The member of the service for security shall make a report on the use of any forcible means and firearms.

(2) The use of any forcible means shall be reported to the Directorate, which estimates the justification of the use of forcible means.

Article 192

(1) The illegality and the responsibility of the official person, who has used the forcible means or who has ordered their usage, shall be excluded, if such forcible means had been lawfully used.

(2) If criminal, disciplinary or other procedure is leaded against the official person which lawfully ordered usage of forcible means and firearms he shall be provided with an expert aid in such proceedings.

4. Catching of convict - fugitive

Article 193

(1) For the purposes of immediate catching the convict, who has escaped from an institution or during his conveying, the member of the service for security under a court decision may enter in house and other premises of citizen and perform search (according to the need) for the purposes of finding the escaped convict, if he has seen or obtained information that the escaped person is sheltered in that house or premises.

(2) In cases referred to in paragraph 1 of this Article, the member of the service may use the traffic and communication means being accessible to him, in order to transport or to help the person being injured thereat.

(3) To the user of the traffic or communication means referred to in paragraph 3 of this Law, shall be given a receipt for compensation of expenses, by the institution for whose member that means has been used.

Article 194

(1) In case when a convict has escaped, the institution shall be obliged immediately to inform the Ministry of internal affairs.

(2) The institution shall also inform the Ministry of internal affairs for cases of bigger disturbances of the institution's order and shall ask for help for re-establishing the order.

(3) In cases referred to in paragraph 1 and 2 of this Article, the institution shall inform the Directorate and the judge for execution of sanctions.

Chapter XII

CONVICTS' RELEASE FROM SERVING A SENTENCE

1. Bases for releasing the convicts

Article 195

The convicts will be released from serving a sentence after they have served the entire sentence, as well as upon the decision of competent organ for pardoning of the remaining part of the sentence, or under the decision for parole or when there is a decision from the institution's director on premature release from serving the sentence.

2. Preparation for release from the institution

Article 196

(1) The convict will be prepared for release from serving the sentence from the beginning of his serving a sentence in the institution.

(2) The preparation's activities for releasing the convict will be intensified at 3 months before the expiration of sentence that is before the day when it is supposed that the convict will be released. These convicts will be referred to division for releasing, where the preparation's activities will be taken according to the special programme on preparation for releasing the convicts.

(3) During the preparations of convicts for their release, they will be instructed about the consequences of the sentence for their possible repeated commission of a criminal act as well as about the possibilities of removing such consequences and those of avoiding the recidivism.

(4) During the convict is in the releasing division, according to the need, he may be allowed to go out from the institution in order to ask for a job and for his accommodation.

(5) At two days before releasing the convict, he shall be released from work, in order to be enabled to prepare himself for going out.

Article 197

(1) Before releasing the convict, he will be checked up by the doctor of institution, which will in written establish the convict's state of health at the moment of his releasing.

(2) In case when the convict is seriously ill during the time of his release from the serving sentence, the institution shall put him into the nearest health institution.

(3) If the convict has no resources to pay the expenses for his healing, the institution shall bear the expenses made during the first month of his healing, and the further healing shall be decided according to the general regulations.

Article 198

The institution will bear the convict's travel expenses made from the institution to the place of his permanent residence that is his temporary residence if the person doesn't have funds for this determination.

Article 199

(1) At releasing the convict from the institution, he shall be given his identity card and discharge papers by the institution. The convict shall also be given his other articles and his saved money from his work in the institution.

(2) The discharge papers shall contain a data on the release's time and on both the place and the time where and when he should come to the competent organ of internal affairs.

(3) If the convict does not have his identity card, the discharge papers shall serve as an evidence for establishing his identity.

3. Release after the served sentence

Article 200

(1) The convict will be released from serving the sentence in institution on the day and hour when the serving of sentence expires.

(2) If the last day of the serving sentence is Sunday or holiday, the convict shall be released on the previous day.

4. Release after the pardoned sentence

Article 201

The convict shall be released from serving a sentence from the institution on the day, when the act of amnesty or of pardoning, taken by a competent organ, shall release him from further serving his sentence of an imprisonment.

5. Release upon a parole

Article 202

The convict is released from serving the sentence on the day when the release is determined by the decision on parole.

6. Proceedings of a parole

Article 203

(1) Under the conditions stipulated by law, either the convict or a member of his closer family may submit a request for release under the bases of parole.

(2) A proposal for releasing a convict under the bases of parole may also be submitted by the director of institution.

Article 204

The parole of the convict shall be decided by the court having taken the judgement in first instance, in a council composed of three judges who shall decide beyond the main hearing.

Article 205

(1) Before deciding on the parole, the first instance court shall request a data, from the institution and the institution's official persons and the convict may be interrogated about the circumstances pertaining the convict's personality, his behaviour during the serving of  sentence, carrying out of his labour duties and about other circumstances, under which it may be concluded whether the aim of punishment was achieved and especially whether the convict is likely to commit further criminal acts in future.

(2) The proposal of the director of the institution shall be represented and justified by a representative of the institution where the convict serves the sentence.

Article 206

(1) The request that is the proposal for parole may be again submitted after the expiration of 6 months (when the imprisonment concerned is longer than 1 year) that is 3 months (when the imprisonment concerned is up to 1 year) from the legal-efficiency of the decision, which has refused the previous request of the convict that is the proposal of the director.

(2) The decision, which the court has taken on the parole, shall be sent to the convict, the family member having submitted a request for parole, the institution where the convict serves a sentence as well as to the Administration for internal affairs according to the place of permanent residence that is the temporary residence of the convict, if the decision is positive one.

Article 207

In the decision for parole, the court may determine protective supervision under the convict, which is composed by special measures for aid, care, supervision or protection, which are accomplished by the social body.

Article 208

Against the decision, which has refused the request or the proposal for parole, the convict and the authorized public prosecutor have the right of complaint to the higher court within a term of 8 days.

7. Release upon a decision of the director

Article 209

(1) The director of an institution may also release the convict maximum 30 days before the expiration of a sentence if the convict has served three-fourths of the sentence of imprisonment and if the convict didn’t got a parole.

(2) The Director of the Directorate fortifies criteria with a general act for pre release of the convict before the sentence expiry.

Chapter XIII

CONVICTS' HELP AFTER THEIR RELEASING FROM

THE INSTITUTION

Article 210

(1) The after releasing help is a number of measures and actions which are applied for better socialization of the convicts in their life at freedom and it is consisted of: providing an accommodation and food, health treatment, counselling about the choice of accommodation and stay, arranging his family circumstances, finding an employment, completing of his started vocational training, providing him with money for covering the essential needs, as well as other forms of help and support.

(2) Three months before releasing the convict needing a help after being on freedom, the institution shall inform the Centre for Social Welfare as determined according to the convict's permanent residence that is his temporary residence, about the day when he should be released and it shall indicate the type of the help which he needs especially for his successfully entering the life at freedom.

Article 211

If the convict doesn't have his own clothes, underwear or shoes nor the funds to provide them, the institution shall provide him with such articles free of charge.

Article 212

(1) After releasing from the institution, the convicted person can request help and support from the Judge for execution of sanctions.

(2) The Judge for execution of sanctions shall cooperate with the Centre for Social Welfare and can issue a written order for taking the needed measures referred to in paragraph 1 of Article 210.

Chapter XIV

PREPARATION OF A FINAL REPORT

Article 213

(1) Before releasing the convict from the institution, the service for re-education in the society shall conduct a poll and shall prepare a final report on the re-socialisation programme carried out with the convict and on the estimation as to the achieved level of his re-socialization

(2) Immediately before the convict goes out, the director or the employee being assigned by him shall talk with the convict, giving him thereby advices about the life at freedom.

(3) The final report shall be included in the personal list of the convict.

(4) The final report shall be delivered to both to the regional unit of the Ministry of Interior and the Centre for Social Welfare as are determined according to the place of permanent or temporary residence of the released convict, to the judge for execution of sanctions and it shall also be sent to other state organs according to the need.

Chapter XV

INFORMATION ABOUT THE CONVICT'S DEATH

Article 214

(1) In case when the convict has died during serving his sentence, the institution is obliged immediately to inform about his dead his closer family, the Judge for execution of sanctions, the Directorate and the registry clerk in the institution, and other state bodies when needed.

(2) The body of the deceased convict shall be checked up by a doctor, who shall establish the reasons of the death.

(3) If there is a doubt that the convict's death has been violent one, the Law on Criminal Procedure shall be applied thereto.

(4) The mortal remains of the convict shall be given to his family. In case when the members of his family do not agree to take his mortal remains, the convict shall be buried at the local cemeteries at the expenses of the institution.

Chapter XVII

AN   EXECUTION OF A FINE

Bodies and procedure for execution of a fine on individuals

Article 215

(1) The proceedings on payment of fine shall be taken ex officio by the court having pronounced the fine in first degree.

(2) If the convicted person does not have a resident stay or accommodation in the area of the court which pronounced the fine in first instance than the court of first instance is obliged to deliver the effective verdict for the payment of the fine to the respective court where the convict has regulated accommodation or a resident stay. 

Article 216

(1) If the convict has not paid the fine within the term determined it shall be forcible executed.

(2) The convict shall bear the expenses of the forcible payment of the fine.

Article 217

(1) Before the implementation of the forcible payment of the fine the Judge for execution of sanctions will send a last warning notice to the convict to pay the fine