General Part

Section 2.

Crime.

Chapter 4.

Persons subject to criminal liability.

Article 26. Limited sanity.

1. A sane person who, due to mental disorder, when committing the crime could not entirely understand the actual nature of one’s action (inaction) and its social danger, or control one’s actions, is subject to criminal liability.

2. Limited sanity is taken into account as a mitigating circumstance when imposing the punishment and can become the ground for the enforcement of medical measures, parallel to the punishment.

General Part

Section 2.

Crime.

Chapter 4.

Persons subject to criminal liability.

Article 27. Criminal liability of persons who committed crime in the state of intoxication.

1. The person who committed a crime as a result of alcoholic, narcotic or other intoxication is not exempted from criminal liability.

2. When sentencing an alcoholic, a drug or poison addict, the court can also impose forced medical treatment, provided there is danger of the committal of a new crime due to this addiction.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 62. Circumstances mitigating liability and punishment.

1. Circumstances mitigating liability and punishment are as follows:
1) committal of a not grave and medium-gravity crime, for the first time, by coincidental circumstances;
2) being under age at the moment of committal of the crime;
3) being pregnant when committing the crime or when assigning the punishment;
4) caring for a child under 14 years of age at the moment when assigning the punishment;
5) committal of crime as a result of hard living conditions or out of compassion;
6) committal of crime due to breach of proportionality of necessary defense, capturing a perpetrator, urgent necessity, justified risk or carrying out orders or instructions;
7) illegal or immoral behavior of the aggrieved which determined the crime;
8) committal of the crime under threat or enforcement, or under financial, service or other dependence;
9) surrender, assistance in solving the crime, exposing other participants of the crime, in searching the illegally acquired property;
10) offering medical or other assistance to the aggrieved immediately after the crime, voluntary compensation for the property and moral damage inflicted by the crime, or other actions aimed at the mitigation of the damage inflicted to the aggrieved.

2. When assigning a punishment, other circumstances, not mentioned in part 1 of this Article can be taken into account as mitigating ones.

3. If a circumstance mentioned in part 1 of this Article, is envisaged in the appropriate article of the Special Part of this Code as an element of a crime, then it can not be repeatedly taken into account as a circumstance mitigating the liability and the punishment.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 63. Circumstances aggravating the liability and punishment.

1. Circumstances aggravating the liability and punishment are as follows:
1) repeated committal of crime; committing crime as a trade, occupation;
2) causing severe consequences by the crime;
3) committal of crime in a group of individuals, in an organized group or as a part of criminal association;
4) particularly active role in the crime;
5) involvement into the committal of the crime of persons who obviously suffer from mental disorder or who are intoxicated, as well as involvement of persons who are still under age for criminal liability;
6) committal of crime by ethnic, racial or religious motives, for religious fanatism, as revenge for other people’s legitimate actions;
7) committal of crime to conceal another crime or in order to facilitate this crime;
8) committal of crime against an obviously pregnant woman, against children, other insecure and helpless persons, or against persons dependent from the perpetrator;
9) committal of crime against a person or one’s spouse, or close relative, which is related to the implementation of service or public duty by this person;
10) committal of crime by a person whereby breaching the military or professional oath;
11) committal of crime with particular cruelty, treating the aggrieved with humiliation or torture;
12) committal of crime in a way that is dangerous for the society;
13) committal of crime under martial law or emergency situation, in conditions of a natural or other civil disaster, as well as during mass disorder and turmoil;
14) committal of crime under the influence of alcohol, narcotic drugs or other intoxicating substances;

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 64. Assignment of a milder punishment than envisaged by law.

1. If there are exceptional circumstances concerned with the motives of the crime and its purpose, the role of the perpetrator, and his behavior when committing the crime and thereafter, which essentially reduce the extent of danger of the crime for the society, as well as, if a member of the group crime actively assists in solving the crime, a softer punishment can be assigned than the minimal envisaged punishment in the appropriate article of the Special Part of this Code, or a softer type of punishment, than envisaged in that article, or no compulsory supplementary punishment may be applied.

2. Individual mitigating circumstances as well as a combination of such circumstances can be considered exceptional.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 65. Assignment of punishment for an unfinished crime.

1. When assigning punishment for an unfinished crime, the nature of actions committed by the criminal and the degree of danger to the society, the degree of implementation of criminal intent and those circumstances as a result of which the crime was not finished, are taken into account.

2. The imprisonment for the preparation of a crime can not exceed half of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

3. The imprisonment for the attempt at a crime can not exceed three quarters of the maximal imprisonment term envisaged in the relevant article of the Special Part, or part thereof.

4. Life sentence is not assigned for the preparation of a crime or for the attempt to commit crime.

General Part

Section 3.


Punishment.

Chapter 10.

Assignment of punishment.

Article 66. Assignment of punishment by accumulation of crimes.

4. If the aggregate of crimes involves grave and particularly grave crimes, then the final punishment is assigned by complete or partial summation of punishments. The final punishment can not exceed 15 years of imprisonment. If one of the accomplices is sentenced to life, then the final basic punishment is decided by absorption.

General Part

Section 4.

Exemption from criminal liability and punishment.

Chapter 11.

Exemption from criminal liability

Article 72. Exemption from criminal liability in case of repentance.

1. The person who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability, if he, after the committal of the crime, surrendered, assisted in solving the crime of his own accord, compensated or mitigated the inflicted damage in some other way.

2. The person who committed another type of crime, in case of the circumstances mentioned in the first part of this Article, can be exempted from criminal liability only in cases especially envisaged in the article of the Special Part of this Code.

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 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.