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Volume II, s.8 Enforcement, 43 Preliminary Remarks

Claus Kreß, Göran Sluiter

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 January 2023

Nullum crimen sine lege
In some national legal systems, the rules governing the enforcement1 of sentences of imprisonment are divided into two bodies of law. The first body deals with the enforcement as such (Strafvollstreckung) and governs the measures which are necessary to execute the disposition of the (sentencing) judgment. The second body deals with the modalities of enforcement (Strafvollzug) which determine the day-to-day life in prison. In short, one may distinguish the enforcement rules governing the question of ‘whether to enforce’ from those governing the question of ‘how to...
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