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Provisions with respect to sentences and penalties.
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5.—(1) If sentence of death is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of the period of six months referred to in Article 101 of the Prisoners of War Convention.
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(2) Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty.
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(3) Where a penalty to be imposed on a prisoner of war is being fixed, the fact that the accused, not being a national of the State, is not bound to it by any duty of allegiance and that he is in its power as the result of circumstances independent of his own will shall be taken into consideration to the widest extent possible. The penalty provided for the offence with which the prisoner of war is accused may be reduced, and it shall not be obligatory to apply any minimum penalty.
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(4) Where any sentence is being passed on an interned enemy alien, the fact that the defendant is not a national of the State shall be taken as far as possible into account. The duration of any detention undergone by the internee while awaiting trial or sentence shall be deducted from a sentence involving confinement. Any penalty appropriate to the offence with which the internee is charged may be reduced and it shall not be obligatory, to this end, to apply any minimum penalty.
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