Section Code: 0039 - 0043
PROVISIONS APPLICABLE TO GENERAL OFFENCES
Chapter 3: Punishments and Measures of SafetyPart 2: Measures of Safety
Section 39. Measures of Safety
The measures of safety are as follows:
- Prohibition to enter a specified area;
- To execute a bond with security for keeping the peace;
- To restraint in an institution of treatment;
- Prohibition to exercise certain occupation.
Section 40. Restriction
Restriction is a detention of a habitual criminal offender within a specified area in order to prevent him or her from committing offenses, to reforming one's character, and for training one's occupation.
Section 41. Habitual Criminal
Any person who has been sentenced to Restriction, or has been sentenced to imprisonment of not less than six months for not less than twice, for the following offences:
- Offences Relating to Public Peace as provided in Section 209 to Section 216;
- Offences Relating to Causing Public Dangers as provided in Section 217 to Section 224;
- Offences Relating to Currencies as provided in Section 240 to Section 246;
- Offences Relating to Sexuality as provided in Section 276 to Section 286;
- Offences Causing Death as provided in Section 288 to Section 290, and Section 292 to Section 294;
- Offences Against Body as provided in Section 295 to Section 299;
- Offences Against Liberty as provided in Section 309 to Section 320;
- Offences Against Properties as provided in Section 334 to Section 340, Section 354 and Section 357;
And, within ten years from the day of having passed over the Restriction or the punishment, as the case may be, such person commits any of such specified offences again so that the Court sentences such person to imprisonment of not less than six months for such offence, the Court may regard such person as a habitual criminal and may sentence such person to Restriction for not less than three years and not more than ten years.
The offence committed by an offender at the time when such offender is not yet over seventeen years of age shall not be deemed as an offence to be taken into consideration for Restriction according to this Section.
Section 42. Calculating Period of Restriction
In calculating the period of Restriction, the day of passing judgment by the Court shall count as the day on which Restriction begins, but if there is still the punishment of imprisonment or confinement of be undergone by the relegated person, such relegated person shall be imprisoned or confined first, and the day following that on which liberation from imprisonment or confinement takes place shall count as the day on which Restriction begins.
Regarding the period of Restriction and the liberation of the relegated person, the provisions of Section 21 shall apply mutatis mutandis.
Section 43. Right to Prosecute for Restriction
The prosecute for restriction shall be made as the exclusive power of Public Prosecutor, and such restriction prosecution may be requested together with the case-prosecution to be empowered to prosecute the restriction or such restriction-prosecution may be made afterwards.