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;

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).