deprivation of liberty.
(6) Imprisonment shall be imposed in full years and months; however, the punishment of imprisonment for a
term not exceeding six months may also be imposed in full days. Long-term imprisonment shall be imposed
only in full years.
(7) If long-term imprisonment has been imposed, amnesty or pardon may be granted only after three-fifths
of the punishment has been served.
Article 44
Community Service
(1) When the court metes out and imposes imprisonment for a term not exceeding six months, at the same
time it may decide that such punishment, with the consent of the accused, be replaced with community
service.
(2) The decision to replace imprisonment with community service shall be based upon the assessment that,
considering all the circumstances determining the type and range of the sentence, the execution of
imprisonment would not be necessary to realise the purpose of punishment, but at the same time a suspended
sentence would not be sufficient to accomplish the general purpose of criminal sanctions.
(3) Community service shall be determined for duration proportional to the imposed imprisonment, from a
minimum of ten to a maximum of sixty working days. The period for performing community service shall be
neither shorter than one month nor longer than one year.
(4) In assessing the duration of community service, as well as the period for its performance, the court shall
take into consideration the imposed imprisonment that is being substituted and the perpetrator’s possibilities
regarding his personal circumstances and employment.
(5) When, upon the expiry of the determined period, the convicted person has not completed or has only
partly completed the community service, the court shall render a decision on the execution of imprisonment
for a period proportional to the unfulfilled community service.
(6) The substitution of imprisonment with community service may also be applied in the case of substituting
a fine with imprisonment pursuant to Article 47 (Substitution of Fine) of this Code.
(7) Placement in community service as to the type and the place of work shall be made by the cantonal
ministry in charge of justice matters pursuant to the residence or domicile of the convicted person and taking
into consideration his capacities and skills.
Article 45
Release on Parole
(1) A convicted person who has served half of his sentence, and as an exception, a convicted person who has
served one third of his sentence, may be released from serving the punishment of imprisonment under
condition that he does not perpetrate another criminal offence before expiration of the time of the sentence
(parole, conditional release).
(2) A convicted person, who has served half of his sentence, may be released from serving the punishment
of imprisonment if in the course of serving his sentence his conduct has improved to the point where he can
reasonably be expected to behave himself appropriately after his release from serving the punishment of
imprisonment, and particularly not perpetrate criminal offences. In determining whether to release a
convicted person on parole, account shall be taken of his conduct during the term of the sentence, as well as
other circumstances indicating that the purpose of the punishment has been attained.
(3) A convicted person who has served one third of his sentence may be released on parole, provided that
the conditions referred to in paragraph 1 of this Article exist, and provided that special circumstances relating
to the personality of the convicted person manifestly indicate that the purpose of the punishment has been
attained.
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