'Sentencing - national proceedings' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT
RESUMPTION OF PROCEEDINGS IN THE REPUBLIC OF CROATIA
Article 22
(2) When the judgment of the International Criminal Court only includes some of the criminal offences for which there is a final judgment of a court in the Republic of Croatia, the court of the Republic of Croatia shall alter its sentence with regard to punishment, implementing on the appropriate manner the provisions of the Criminal Procedure Act related to the alteration of the judgment in accordance with the rules on the renewal of proceedings.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

IV. LEGAL CONSEQUENCES OF PROCEEDINGS BEFORE THE INTERNATIONAL CRIMINAL COURT

Article 22

(2) When the judgement of the International Criminal Court only includes some of the crimes for which there is a final adjudication of a court in the Republic of Croatia, the court of the Republic of Croatia shall alter its sentence, implementing in an appropriate manner the provisions of the Law on Criminal Procedure related to the alteration of adjudication in accordance with the rules on the renewal of proceedings.

RELEVANT ROME STATUTE PROVISIONS

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.