CDL-REF(2021)022 - 28 - (Article 68 amended by HO-119-N of 1 June 2006) Article 69. Calculation of terms of punishment and the set-off thereof 1. The terms of deprivation of the right to hold certain positions or to engage in certain activities, confinement in a disciplinary battalion, imprisonment shall be calculated by months and years. The term of public works shall be calculated by hours. The term of detention shall be calculated by days and months. 2. While replacing or adding punishments specified in part 1 of this Article, as well as settingoff the punishment, the terms may be calculated by days. 3. Before the entry into force of the criminal judgement, the term of detention shall be set-off against the punishment imposed in the form of imprisonment, confinement in a disciplinary battalion by calculating one day against one day, whereas in case of public works — one day against three hours. 4. Before the entry into force of the criminal judgement, during holding under detention or serving the punishment imposed in the form of imprisonment — upon the criminal judgement of the court — for a criminal offence committed in another State, in case of extradition of a person based on Article 16 of this Code, one day shall be calculated against one day. 5. Before the trial, the court, while imposing punishment on a person under detention in the form of fine, deprivation of the right to hold certain positions or to engage in certain activities, taking into account the term of detention, shall mitigate the imposed punishment or fully exempt from serving the punishment. 6. The term of applying medical coercive measures on a person who became mentally ill after the commission of a criminal offence shall be set-off against the term of punishment. (Article 69 amended by HO-97-N of 9 June 2004, HO-119-N of 1 June 2006) Article 70. Conditional non-application of punishment 1. Where the court, by imposing punishment in the form of detention, imprisonment or confinement in a disciplinary battalion, comes to a conclusion that the convict is capable of being corrected without serving the term of punishment, may decide on conditional nonapplication of the punishment. 2. In case of conditional non-application of punishment, the court shall take into account the features characterising the personality of the criminal, the circumstances mitigating and aggravating liability and punishment. 3. In case of conditional non-application of punishment, the court shall define a probation period for a term of one to five years. 4. In case of conditional non-application of punishment in the form of imprisonment, supplementary punishments may be imposed, except for property confiscation.

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