BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION

Sub-title III
OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO ANOTHER

31. (1) The ascent or descent from one degree of punishment
to another shall be as follows:

(a) subject to any special provision contained in this Code, from the punishment of imprisonment for life the descent shall be in accordance with the scale of punishments of imprisonment as specified in
paragraph (b);

(b) subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment:
(i) from eight years to thirty years,
(ii) from seven to twenty years,
(iii) from six to twelve years,
(iv) from five to nine years,
(v) from four to six years,
(vi) from three to five years,
(vii) from two to four years,
(viii) from eighteen months to three years,
(ix) from thirteen months to two years,
(x) from nine to eighteen months,
(xi) from seven months to one year,
(xii) from five to nine months,
(xiii) from two to six months,
(xiv) from one to three months;

(c) the descent from the fourteenth degree shall be to imprisonment for a term not exceeding twenty days, or to detention or to a fine (ammenda);

(d) in the ascent from one degree to another, the order shall be inverted, commencing from the fourteenth degree;

(e) in default of an express provision to the contrary, the ascent from the first degree shall be made by adding to the punishment of imprisonment the punishment of solitary confinement for not more than twelve terms, or by adding other aggravations of punishment established by the prison regulations;

(f) the ascent from the punishment of a fine (multa) shall be to imprisonment for a term not exceeding three months, and the descent shall be to the punishments established for contraventions;

(g) the ascent from the punishments established for contraventions shall be to the punishment of a fine

(2) The law establishing in general terms a descent from one punishment to another, shall not be deemed to include cases of contraventions or of crimes liable to the punishments for contraventions.


32. (1) Where the punishment includes a latitude of more degrees, the ascent or descent shall be made by raising or lowering the maximum and the minimum to the nearest degree respectively.

(2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such other punishment:
Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or omit such punishment altogether.

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).