(2) For a crime committed before serving the imprisonment or during the serving of
imprisonment or of juvenile imprisonment upon former conviction, the court shall sentence
the offender to a punishment, regardless of the earlier pronounced punishment, if by
applying the provisions referred to in Article 44 the purpose of the punishment would not
be achieved, considering the duration of the part of the earlier pronounced measure that
has not yet been served.
(3) The offender who commits a crime during the serving of the imprisonment or of juvenile
imprisonment, for which the law prescribes a fine or imprisonment of up to one year, shall
be sentenced disciplinary punishment.
Reckoning of detention and earlier punishment
Article 47
(1) The time passed in detention, as well as every arrest in connection with a crime, is
reckoned in the pronounced imprisonment, juvenile imprisonment or in a fine.
(2) Imprisonment or a fine which already served by the convicted, i.e. respectively paid for a
misdemeanor, shall be reckoned in the punishment imposed for a crime with characteristics
including the misdemeanor’s features.
(3) Each reckoning shall be equal to one day detention, a day of arrest, a day of
imprisonment and one day fine or Euro 20 in Denar counter-value.
Chapter four
ALTERNATIVE MEASURES
1. Purpose and types of alternative measures
Purpose of the alternative measures
Article 48
The purpose of the alternative measures is not to sentence a principle offender for a less
grave crime when that is not absolutely necessary due to criminal and legal protection and
when it may be expected that the purpose of the punishment may be achieved by a warning
with a threat of punishment (probation), only a warning (court reprimand) or measures of
assistance and supervision of the behavior of the released offender.
Types of alternative measures
Article 48-a
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