'Aggravating factors - national proceedings' in document 'Georgia - Law amending Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Article 1. The Criminal Code of Georgia ("saqartvelos sakanonmdeblo macne"1) No. 41(48), 1999) shall be amended as follows:

2. Paragraphs 2 and 3 of Article 143 shall be drafted as follows:

"2. The same act committed:
a) Repeatedly
b) With coercion, blackmail or deceit
c) Against two or more minors
d) With taking abroad of the aggravated party
e) By violence dangerous to life or health or the threat of such violence
f) By abusing an official power;
g) Knowingly against the person in grave condition or a person materially or otherwise dependant upon the perpetrator
Shall be punished by the deprivation of liberty for the period from twelve to seventeen years.

3. Acts envisaged by paragraph 1 and 2 of this article:
a) Committed by the organized group
b) Which resulted in deprivation of life of the minor or other grave consequence.

Shall be punished by the deprivation of liberty for the period from fifteen years to life imprisonment."

RELEVANT ROME STATUTE PROVISIONS

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).