Chapter 6 – Sentencing

Determining the sentence

Section 4 – The general principle

The sentence shall be determined so that it is in just proportion to the harmfulness and dangerousness of the offence, the motives for the act and the other culpability of the perpetrator manifest in the offence.

Section 5 – Grounds increasing the punishment

(1) The following are grounds for increasing the punishment :

(1) the methodical nature of the criminal activity,
(2) commission of the offence as a member of a group organised for serious offences,
(3) commission of the offence for remuneration,
(4) commission of the offence for a motive based on race, skin colour, birth status, national or ethnic origin, religion or belief, sexual orientation or disability or another corresponding grounds, and (511/2011)
(5) the criminal history of the perpetrator, if the relation between it and the new offence, due to the similarity between the offences or otherwise, shows that the perpetrator is apparently heedless of the prohibitions and commands of the law.

Section 6 –Grounds reducing the punishment

The following are grounds for reducing the punishment :

(1) significant pressure, threat or a similar influence that has affected the commission of the offence,
(2) strong empathy or an exceptional and sudden temptation that has led to the offence, the exceptionally great contribution of the injured party or a corresponding circumstance that has been conducive to decreasing the capability of the perpetrator to conform to the law,
(3) reconciliation between the perpetrator and the injured person, other attempts of the perpetrator to prevent or remove the effects of the offence or his or her attempt to further the clearing up of the offence, and
(4) the grounds mentioned in section 8(1) and (3).

Section 7 – Grounds mitigating the punishment

In addition to what is provided above in section 6, grounds mitigating the punishment that are also to be taken into consideration are

(1) another consequence to the perpetrator of the offence or of the sentence,
(2) the advanced age, poor health or other personal circumstances of the perpetrator, and
(3) a considerably long period that has passed since the commission of the offence,
if the punishment that accords with established practice would for these reason lead to an unreasonable or exceptionally detrimental result.

Determining the sentence

Section 7 – Grounds mitigating the punishment

In addition to what is provided above in section 6, grounds mitigating the punishment that are also to be taken into consideration are

(1) another consequence to the perpetrator of the offence or of the sentence,
(2) the advanced age, poor health or other personal circumstances of the perpetrator, and
(3) a considerably long period that has passed since the commission of the offence,
if the punishment that accords with established practice would for these reason lead to an unreasonable or exceptionally detrimental result.

Section 8 – Mitigation of the penal latitude

(1) The sentence is determined in accordance with a mitigated penal latitude if

(1) the perpetrator has committed the offence under the age of 18 years,
(2) the offence has remained an attempt,
(3) the perpetrator is convicted as an abettor in an offence, through application of the provisions of chapter 5, section 6, or his or her complicity in the offence is otherwise clearly less than that of other accomplices,
(4) the offence has been committed in circumstances that closely resemble those that lead to the application of grounds for exemption from liability, or
(5) there are special reasons for this pursuant to section 6 or 7 or on other exceptional grounds, mentioned in the sentence.

(2) In determining the punishment pursuant to subsection 1, at most three fourths of the maximum sentence of imprisonment or fine and at least the minimum sentence provided for the offence may be imposed on the perpetrator. If the offence is punishable by life imprisonment, the maximum punishment is instead twelve years of imprisonment and the minimum punishment is two years of imprisonment.

(3) What is provided in subsection 2 also applies in determining the sentence for a person who committed an offence in a state of diminished responsibility. However, diminished responsibility does not affect the applicable maximum punishment.

(4) If the maximum punishment for the offence is imprisonment for a fixed period, the court may in cases referred to in this section impose a fine as the punishment instead of imprisonment, if there are especially weighty reasons for this.

The choice of the type of punishment

Section 9 – The choice between conditional and unconditional imprisonment

(1) A sentence of imprisonment for a fixed period not exceeding two years may be conditional (conditional imprisonment), unless the seriousness of the offence, the guilt of the perpetrator as manifested in the offence, or the criminal history of the perpetrator requires the imposition of an unconditional sentence of imprisonment.

(2) However, an unconditional sentence of imprisonment shall not be imposed for an offence committed when the perpetrator was under 18 years of age, unless this is demanded by weighty reasons.

Section 10 – Sanctions ancillary to conditional imprisonment

(1) If conditional imprisonment by itself is to be deemed insufficient punishment for the offence, an ancillary fine may be imposed or, if the conditional imprisonment exceeds one year, an ancillary community service order for at least 20 and at most 90 hours may be imposed.

(2) A person who has committed an offence when under 21 years of age may be subjected to supervision for one year and three months in order to reinforce conditional imprisonment, where this is to be deemed justified in view of the promotion of the social adaptation of the perpetrator and the prevention of further offences. Provisions on the enforcement of supervision are provided in the Act on Supervision of Conditional Imprisonment (634/2010)- (635/2010)

(3) Fines, community service and a monitoring sentence imposed in addition to conditional imprisonment are subject to the separate provisions on the sanction in question. However, ancillary community service may be commuted into imprisonment for at least four and at most 90 days.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.