Part III : Captivity #Section V : Relations between prisoners of war and the authorities #Chapter 3 : Penal sanctions with regard to prisoners of war #I. General provisions - Art. 53.
Art. 53. No prisoner who has been awarded any disciplinary punishment for an offence and who fulfils the conditions laid down for repatriation shall be retained on the ground that he has not undergone his punishment.
Prisoners qualified for repatriation against whom any prosecution for a criminal offence has been brought may be excluded from repatriation until the termination of the proceedings and until fulfilment of their sentence, if any; prisoners already serving a sentence of imprisonment may be retained until the expiry of the sentence.
Belligerents shall communicate to each other lists of those who cannot be repatriated for the reasons indicated in the preceding paragraph.