CDL-REF(2021)022 Article 53.1. - 20 - Restriction in military service 1. Restriction in military service is the type of punishment administered to a serviceman holding the rank of an officer or a junior officer, for the offences of minor or medium gravity against the order of the military service, according to which that person may not be appointed to a position higher than his or her current position (including a position with higher remuneration) for a term of three months to three years, he or she may not be conferred upon the next higher rank, as well as the term, as prescribed by law, for conferring the next military rank shall be suspended, with deduction of up to 20 percent from the amount of monetary remuneration. 2. The court may set an additional obligation to a serviceman to participate in educational or training courses for the term of serving that punishment or for a term less. 3. The restriction in military service may not be imposed, where there is a combination of criminal offences or judgements, and a punishment concerning deprivation of liberty or deprivation of the right to hold certain positions or deprivation of the right to be engaged in a certain activity, may be imposed or is imposed for one of the crimes committed. 4. While serving the punishment of restriction in military service, in case of imposing a punishment towards a serviceman concerning deprivation of liberty as prescribed by part 6 of Article 66 or by Article 67 of this Code, or releasing from the military service by a serviceman on grounds prescribed by law, the restriction in military service by the court is substituted by a fine, by calculating one month of the restriction in military service against thirty-fold of the minimum salary. (Article 53.1 supplemented by HO-34-N of 30 April 2013) Article 54. Public works 1. Public works shall be considered as implementation of socially useful works by the convict free of charge imposed by the court and in the place determined by the competent authority. 2. Public works may be imposed on persons having committed crimes of minor or medium gravity and sentenced to imprisonment for a maximum term of two years. 2.1. Public works shall be imposed for a term of two hundred and seventy hours to two thousand two hundred hours. 2.2. The minimum term defined in part 2.1 of this Article shall not extend to the cases of replacing the fine or unpaid part of the fine with public works under the procedure established by part 4 of Article 51 of this Code. 3. Public works shall be imposed as a type of punishment alternative to a fixed-term imprisonment after receiving the executive order to enforce the criminal judgement entered into force within a period of twenty days in case of submitting a written application by the convict and in cases provided for in part 4 of Article 51 of this Code. (sentence deleted by HO-59-N of 1 March 2017)

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents