Does the Detention Period Count as Time Served?
In Clause 1, Article 38 of the 2015 Penal Code, it is stipulated:
Article 38. Fixed-term imprisonment
- Fixed-term imprisonment requires the convicted person to serve their sentence at a detention facility for a specified period.
Fixed-term imprisonment for an offense ranges from a minimum of 03 months to a maximum of 20 years.
The time spent in custody or temporary detention is deducted from the duration of the imprisonment; 01 day in custody or temporary detention is equivalent to 01 day in prison.
- Fixed-term imprisonment is not applied to first-time offenders of less serious crimes due to negligence and who have a clear residence.
=> Therefore, according to the above regulation, the period of custody or temporary detention of the person serving the sentence will be deducted from the imprisonment duration; 1 day in temporary detention or custody will be equivalent to 1 day in prison.
Respectfully.
