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Structural division: BOOK II › CHAPTER IV › Sub-section II
Article 168 — Imprisonment.
Revised Criminal Code (English)
Article text
(1) When a young criminal has committed a serious crime which is normally punishable with a term of rigorous imprisonment of ten years or more or with death the Court may order him to be sent:
(a) either to a corrective institution (Art. 162) where special measure for safety, segregation or discipline can be applied to him in the general interest; or
(b) to a penitentiary detention institution if he is incorrigible and is likely to be a cause of trouble, insecurity or corruption to others. The principle of segregation shall be applied in this case (Art. 110(2)).
(2) The Court shall determine the period of detention to be undergone according to the gravity of the act committed and having regard to the age of the criminal at the time of the crime. It shall not be for less than one year and may extend to a period of ten years. When the criminal was sent to a corrective institution he shall be transferred to a detention institution if his conduct or the danger he constitutes renders such a measure necessary, or when he has attained the age of eighteen years and the sentence passed on him is for a term extending beyond his majority. In such a case the Court shall take into account, in determining the duration of the detention to be undergone, the time spent in the corrective institution and the results thereby obtained.
(3) Detention shall take place under the regime of simple imprisonment (Art. 106) and conditional release may be granted under the usual conditions provided by law (Art. 113) if the young criminal appears to have reformed.
Article 6
Exception: Application of the More Favourable Law.