Chapter 6 – Sentencing

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.

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 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).