BOOK I
GENERAL PART

TITLE III
JURIDICAL CONSEQUENCES OF THE ACT

CHAPTER IV
CHOICE AND DETERMINATION OF PENALTIES

SECTION I
GENERAL RULES


Article 72
Special mitigation of penalty

1- The court specially mitigates the penalty, apart from the cases expressly prescribed in the law, whenever there are circumstances previous or posterior to the crime, or contemporary to it, that diminishes the unlawfulness of the act, the guilt of the agent or the necessity of the penalty, in an accentuated manner.

2- For the purpose of the prescribed in the above number, the following circumstances will be considered, among others:
a) that the agent had acted under the influence of a serious threat, under the influence of someone he depends on, or to whom he owes obedience;
b) that the agent’s conduct had been determined by honourable motive, by strong solicitation or temptation from the victim himself, or unjust provocation or undeserved offence;
c) that there had been demonstrative acts of the agent’s sincere repentance, namely reparation of the damages up to where it had been possible for him;
d) that a long time had elapsed over the perpetration of the crime, the agent maintaining good conduct.

3- It may be taken into account only once the circumstance that, on its own or jointly with other circumstances, gives room simultaneously to a mitigation especially prescribed in the law and to the one prescribed under this article.


Article 73
Special mitigation terms

1- Whenever the special mitigation of the penalty takes place, the following occurs relatively to the limits of the applicable penalty:
a) The maximum limit of the imprisonment penalty is reduced by one third;
b) The minimum limit of the imprisonment penalty is reduced to one fifth if it is equal or superior to 3 years, and to the legal minimum if it is inferior;
c) The maximum limit of the fine penalty is reduced by one third and the minimum limit to the legal minimum;
d) If the maximum limit of the imprisonment penalty is not superior to 3 years, it may be replaced by a fine, inside the general limits.

2- The specially mitigated penalty that has been concretely fixed is susceptible of replacement in general terms, including suspension.

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).