CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER ONE (i.) BASIC PROVISIONS

Article 6

The general purpose of prescribing, pronouncing or applying criminal sanctions is that all citizens honor the legal system and that no one commits a criminal offense, and that perpetrators of criminal offenses do not continue acting in a similar way in the future.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 50

By taking into consideration the general purpose of criminal sanctions, the purpose of inflicting punishment is to express the community’s condemnation of a committed criminal offense, to deter the perpetrator from committing criminal offenses in the future, to deter all others from committing criminal offenses, and by the implementation of statutory punishments to increase the consciousness of citizens of the danger of criminal offenses and of the fairness of punishing perpetrators.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 56

In determining the type and range of punishment within the limits established by law for the committed criminal offense, the court, bearing in mind the purpose of punishment, shall take into consideration all the circumstances which result in a less or more serious punishment for the perpetrator of a criminal offense (the mitigating or aggravating circumstances) and in particular the following: the degree of culpability, motives for committing the criminal offense, the degree of peril or injury to the protected good, the circumstances under which the criminal offense was committed, the conditions in which the perpetrator had lived prior to committing the criminal offense and his abidance by the laws, the circumstances he lives in and his conduct after the perpetration of the criminal offense, particularly his relation towards the injured person and his efforts to compensate for the damage caused by the criminal offense, as well as the totality of social and personal grounds which contributed to the perpetration of the criminal offense.

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.