- 17 - CDL-REF(2021)022 2. A person having committed an intentional criminal offence upon obvious illegal order or executive order shall be subject to liability on general grounds. 3. Non-execution of an obvious illegal order or executive order shall exclude criminal liability. SECTION 3 PUNISHMENT CHAPTER 9 CONCEPT, PURPOSES AND TYPES OF PUNISHMENT Article 48. Concept and purposes of punishment 1. Punishment is a state coercive measure imposed upon the criminal judgement of the court on behalf of the State on a person found guilty of crime and is expressed by deprivation or restriction of that person’s rights and freedoms as provided for by law. 2. The purpose of punishment is to restore social justice, correct the person subjected to punishment, as well as to prevent crimes. Article 49. Types of punishment Types of punishment shall be as follows: (1) fine; (2) deprivation of the right to hold certain positions or to engage in certain activities; (3) public works; (4) deprivation of special or military rank, category, degree or qualification class; (4.1) restriction in military service; (5) property confiscation; (6) (sub-point repealed by HO-119-N of 1 June 2006) (7) detention; (8) confinement in a disciplinary battalion; (9) fixed-term imprisonment; (10) life imprisonment. (Article 49 amended by HO-119-N of 1 June 2006, supplemented by HO-34-N of 30 April 2013) Article 50. Main and supplementary punishments 1. Fine, public works, restriction in military service, detention, confinement in a disciplinary battalion, fixed-term imprisonment and life imprisonment shall be applied only as main punishments.

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