GENERAL PART

CHAPTER THREE
SANCTIONS

SECOND TITLE
SENTENCING

Section 46
Principles of sentencing

(1) The guilt of the offender is the basis for sentencing. The effects which the sentence can be expected to have on the offender’s future life in society shall be taken into account.

(2) When sentencing the court shall weigh the circumstances in favour of and against the offender. Consideration shall in particular be given to
the motives and aims of the offender ;
the attitude reflected in the offence and the degree of force of will involved in its commission ;
the degree of the violation of the offender’s duties ;
the modus operandi and the consequences caused by the offence to the extent that the offender is to blame for them ;
the offender’s prior history, his personal and financial circumstances ;
his conduct after the offence, particularly his efforts to make restitution for the harm caused as well as the offender’s efforts at reconciliation with the victim.

(3) Circumstances which are already statutory elements of the offence must not be considered.

GENERAL PART

CHAPTER THREE
SANCTIONS

SECOND TITLE
SENTENCING

Section 49
Special mitigating circumstances established by law

(1) If the law requires or allows for mitigation under this provision, the following shall apply :

1. Imprisonment of not less than three years shall be substituted for imprisonment for life.
2. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum term may be imposed. In case of a fine the same shall apply to the maximum number of daily units.
3. Any increased minimum statutory term of imprisonment shall be reduced as follows :
a minimum term of ten or five years, to two years ;
a minimum term of three or two years, to six months ;
a minimum term of one year, to three months;
in all other cases to the statutory minimum.

(2) If the court may in its discretion mitigate the sentence pursuant to a law which refers to this provision, it may reduce the sentence to the statutory minimum or impose a fine instead of imprisonment.

Section 50
Multiple mitigating circumstances

A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once.

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).