African Union Criminal Code-Article 42-Classification of levels of penalties



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	5. Justice and punishment
	Article 42-General Classification and consideration of punishment
42.1	General classification of Punishment
	All the legal forms of punishment available to the courts as just sentence under this Code, regardless of whether the principle of absolution or penitence is applied, shall be categorized into the following four groups:
	• Compulsory actions • Compulsory recompense • Deprivation of privileges • Deprivation of rights
	The court shall not be permitted at any time to impose a punishment other than those stipulated by this Article within the limits set down by the Code.
42.2	Compulsory actions
	Compulsory works is the order by the court of the convicted criminal defendant to undertake certain actions as part of their sentence including (but not restricted to): • Compulsory Works • Service in a Disciplinary Unit • Corrective Labour • Victim reconciliation
	Compulsory Works
	Compulsory work consists in the performance of free socially useful works by the convicted person. The types of these works shall be determined by the local self-government bodies.
	Service in a Disciplinary Unit
	Service in a disciplinary unit shall be imposed upon servicemen undergoing military service after call-up, and also upon servicemen undergoing military service under contract as enlisted men, if at the time of adjudication they have not served their statutory terms under call up.
	Corrective Labour
	Corrective labour shall be a sentence in which the convicted offender is required to work and perform service in a particular field representing imposed for a term from two months to two years, and shall be served at the convicted person's place of work.
	Victim reconciliation
	Victim reconciliation is when the convicted offender is required to undergo a counseling program in which the victim has the opportunity to confront the offender, the crime and seek some reconciliation.
42.3	Compulsory recompense
	Compulsory recompense is the order by the court of the convicted criminal defendant to undertake certain substitutionary atonement as part reflection of the nature of their crime including (but not restricted to): • Fines • Garnishment of wages
	Fines
	A fine is a monetary exaction imposed within the limits established by this Code. The amount of a fine shall be determined by a court of law, depending on the gravity of the crime committed and taking account of the convicted person's property status.
	Garnishment of wages
	Garnishment of wages is a fine imposed through the forced deduction of wages of a convicted person in the amount fixed by the court's judgment.
42.4	Deprivation of privileges
	Deprivation of privileges is the forced restriction of the constitutional privileges of a convicted criminal defendant as sentence for their crime(s), including (but not restricted to): • Restricted Liberty • Deprivation of Liberty for a Definite Term • Deprivation of Liberty for Life
	Restricted Liberty
	Restricted liberty consists of the maintenance of a set of restricted conditions of movement, of association and of activities which may or may not include the compulsory use of electronic monitoring devices and/or systems.
	Deprivation of Liberty for a Definite Term
	Deprivation of freedom shall amount to the isolation of the convict from society by sending him to a settlement colony, placing him into an educational colony, into a medical treatment and reformatory institution or into a reformatory colony of general, strict or special regime, or into prison.
	Deprivation of Liberty for Life
	Deprivation of liberty for life is established only for the commission of especially grave crimes of attack on human life, and may be imposed in cases where the court of law deems it possible to not apply capital punishment.
42.5	Deprivation of rights
	Deprivation of rights is the forced restriction of the constitutional rights of a convicted criminal defendant as sentenced for their crime(s), including (but not restricted to): • Deprivation of the right to hold specified offices or to engage in specified activities; • Deprivation of a special and military rank or honorary title, class rank and of government decorations; • Confiscation of Property
	Deprivation of the Right to Hold Specified Offices or to Engage in Specified Activities
	Deprivation of the right to hold specified offices or to engage in specified activities consists of the prohibition to hold offices in the civil service and local self-government bodies, or to engage in a professional or any other activity.
	Deprivation of Special or Military Rank or Honorary Title, Class Rank, or Government Decoration
	Upon conviction for a grave or especially grave crime, a court of law may deprive the guilty person of his special or military rank, or of his honorary title, class rank, or government decoration, with due account for his personality.
	Confiscation of Property
	Confiscation of property consists of the compulsory seizure and transfer to the State, without compensation, of all or part of the effects constituting the property of the convicted person.



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