(1) A forty-year prison term may be prescribed for the most serious criminal
offences provided that it is not prescribed as the only punishment for a specific criminal
offence.
(2) A forty-year prison term may not be imposed on the following:
1) a person who at the time of commission of a criminal offence is not 21;
2) a person who at the time of commission of a criminal offence is of
significantly reduced mental capacity (Art.14, para. 2);
3) a person who attempted to commit a criminal offence.
Prison Term
Article 36
(1) A prison term may not be shorter than thirty days or longer than twenty years.
(2) The prison term referred to in para. 1 hereof shall be imposed in full years and
months, and terms up to six months shall be imposed also in days.
Parole
Article 37
(1) A prisoner who has served two thirds or, exceptionally, has served a half of his
prison term or his forty year prison term may be released on parole provided that during
his prison term he has improved his behaviour to an extent that it can be reasonably
expected that his behaviour outside of prison will be good and, in particular, that he will
not reoffend during his service of the remainder of the punishment. In deciding whether
a prisoner meets the requirements for parole, due consideration shall be given to his
conduct during the service in prison, his fulfillment of work obligations, which is
assessed with respect to his capacity, as well as to other circumstances that indicate that
the purpose of the punishment has been achieved.
(2) The decision granting a prisoner parole may order that he fulfills an
obligation set by law.
(3) In the case referred to in para. 1 hereof, the prisoner shall be considered to
have served his punishment provided that the parole is not revoked.
Revocation of Parole
Article 38
(1) Parole shall be revoked by court where during his parole the convicted person
commits one or more criminal offences that carry a prison term over one year, or where
he omits to fulfill an obligation ordered by law.
(2) Parole may be revoked by court if the person on parole commits one or more
criminal offences which carry a prison term up to one year. In deciding whether to